Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 311522858 Citation: 03001 Issuance: 07/25/2008 ReportingID: 0625700
Viol Type:WillFul NrInstances:7 Contest Date:07/25/2008
Abatement Date:08/04/2008 X Nr Exposed:40 Final Order:08/23/2010
Initial Penalty:70000.00 REC:R Emphasis:
Current Penalty:42000.00 Gravity:10 Haz Category:DUST&FUMES

Penalty and Failure to Abate Event History
Type Event Date Penalty abatement Type FTA Insp
Penalty Z: Issued 07/25/2008 70000.00 08/04/2008 WillFul  
Penalty J: ALJ Decision 08/23/2010 42000.00 08/04/2008 WillFul  


Text For Citation: 03 Item/Group: 001 Hazard: DUST&FUMES

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer does not furnish to each of his employees a place of employment which are free from recognized hazards of the escape of combustible sugar dust from equipment and its suppression in work areas, increasing the risk of fire, deflagration, and/or explosion which are causing or likely to cause death or serious physical harm to employees: (a) Powder Mill Room: The employer does not prevent the escape of dust from 6 piping/funnel systems feeding sugar into the pulverizers. This violation was observed on or about March 14, 2008. (b) Storage Bin 5: The employer does not prevent the escape of dust from Storage Bin 5 vents. This violation was observed on or about March 27, 2008. (c) EFG Rotex Room in Building Y: The employer does not prevent the escape of dust from EFG Rotex shakers. This violation was observed on or about March 31, 2008. (d) 2nd and 3rd floors of the Boschwema Packaging area: The employer does not prevent the escape of dust from screw conveyors. This violation was observed on or about April 10, 2008. (e) Small Pack Bin area: The employer does not prevent the escape of dust from the Small Pack Bin and screw conveyors connected to the bin. This violation was observed on or about April 15, 2008. (f) 3rd floor of Building U: The employer does not prevent the escape of dust from conveyors for Fruit Elevator #2. This violation was observed on or about April 16, 2008. Among other feasible abatement methods to correct the hazard identified in instances (a) through (f) above, one method is to implement the requirement of NFPA 61 (2008) Sections 10.1 and 10.3.1 to reduce handling speeds, dust tight enclosures, ventilation, and other such techniques to prevent escape of dust into the building. (g) 100-lb Packaging/Howe & Richardson Scale area: The employer does not prevent the escape of dust from packaging and weighing equipment such as the Howe & Richardson scale machine and the Inglett scale machine. This violation was observed on or about April 10, 2008. Among other feasible abatement methods to correct the hazard identified in instance (g) above, one method is to implement the requirement of NFPA 61 (2008) Sections 10.1 and 10.3.1.3 to enclose and, if necessary, vent or air aspirate the packaging and weighing systems to collect the dust normally emitted by rapid air displacement during filling and emptying. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days, the employer must submit an abatement plan describing the actions it is taking to establish, communicate and implement written procedures to prevent the escape of combustible dust from equipment.e