Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 311522858 Citation: 03002 Issuance: 07/25/2008 ReportingID: 0625700
Viol Type:WillFul NrInstances:12 Contest Date:07/25/2008
Abatement Date:01/20/2011 X Nr Exposed:42 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 01/20/2011 WillFul  
Penalty J: ALJ Decision 08/23/2010 42000.00 01/20/2011 WillFul  


Text For Citation: 03 Item/Group: 002 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 propagation of a fire, deflagration, and/or explosion outside the area of the initial 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 equip the room with explosion relief venting distributed over the exterior walls and roof. This violation was observed on or about March 14, 2008. (b) Boschwema Packaging Area (1st Floor): The employer does not equip two enclosures housing Bosch packaging machines with explosion relief venting to the exterior of the building. This violation was observed on or about March 19, 2008. (c) Storage Bin 5 Area: The employer does not equip the structure which houses the storage bin with explosion relief venting distributed over the exterior walls and roof. This violation was observed on or about March 27, 2008. Among other feasible abatement methods to correct the hazard identified in instances (a) through (c) above, one method is to implement the requirement of NFPA 61 (2008) Sections 6.1 and 6.2.1 to provide explosion venting such as relief panels, windows or other venting devices distributed over the exterior walls, designed in a manner to relieve any increased pressure inside resulting from an explosion or a deflagration. See NFPA 68, Standard on Explosion Protection by Deflagration Venting, for information on determining the appropriate explosion venting area and arrangement. In addition, these relief panels, windows or other venting devices shall be designed to prevent reclosing after relieving the explosion pressure and shall be attached to retention cables or restrained by equivalent means such that they will not become projectiles upon relief. Other feasible means of abatement methods include, but are not limited to, suppression, containment or inerting systems as described in NFPA 69, Standard on Explosion Prevention Systems. (d) Bucket Elevators No. 3 and No. 4: The employer does not equip the legs of bucket elevators 3 and 4 with explosion relief venting. This violation was observed on or about March 19, 2008. (e) Boschwema Room (2nd Floor): The employer does not equip the leg of the Fawema Tank Feed Elevator with explosion relief venting. This violation was observed on or about April 10, 2008. (f) Building U: The employer does not equip the legs of Fruit Elevators #1 and #2 with explosion relief venting. This violation was observed on or about April 16, 2008. Among other feasible abatement methods to correct the hazard identified in instances (d) through (f) above, one method is to implement the requirement of NFPA 61 (2008) Section 7.4.3.3 to provide maximum practicable explosion relief area through the roof directly to the outside. (g) Rotex Room (Building Y): The employer does not equip the cooler elevator with explosion relief venting to the exterior of the building. This violation was observed on or about April 3, 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 6.3.1 and 6.3.3 to direct any explosion venting to a safe, outside location away from platforms, means of egress, or other potentially occupied areas. (h) Boschwema Packaging Area (1st Floor): The employer does not equip the packaging room with explosion protection systems. This violation was observed on or about March 19, 2008. (i) Storage Bin 5 Area: The employer does not equip the structure which houses the storage bin with explosion protection systems. This violation was observed on or about March 27, 2008. Among other feasible abatement methods to correct the hazard identified in instances (h) and (i) above, one method is to implement the requirement of NFPA 61 (2008) Sections 6.1 and 6.2.1 to provide explosion venting such as relief panels, windows or other venting devices distributed over the exterior walls (and roof, if applicable), designed in a manner to relieve any increased pressure inside resulting from an explosion or deflagration. See NFPA 68, Standard on Explosion Protection by Deflagration Venting, for information on determining the appropriate explosion venting area and arrangement. Other feasible means of abatement methods include, but are not limited to, suppression, containment, or inerting systems as described in NFPA 69, Standard on Explosion Prevention Systems. (j) Powder Mill Room: The employer does not equip three starch hoppers feeding the pulverizers with explosion protection systems. This violation was observed on or about March 20, 2008. (k) Building U: The employer does not equip two cyclones separators on the exhaust from Granulator "A" bottom drum with explosion protection systems. This violation was observed on or about March 20, 2008. Among other feasible abatement methods to correct the hazard identified in instances (j) and (k) above, one method is to implement the requirement of NFPA 61 (2008) Sections 6.1 and 6.3 to vent the equipment to a safe, outside location away from platforms, means of egress, or other potentially occupied areas. See NFPA 68, Standard on Explosion Protection by Deflagration Venting, for information on determining the appropriate explosion venting area and arrangement. Other feasible means of abatement methods include, but are not limited to, suppression, containment, or inerting systems as described in NFPA 69, Standard on Explosion Prevention Systems. (l) Building U: The employer does not equip the "A", "B", and "C" bottom granulators in Building U with explosion protection systems. This violation was observed on or about March 20, 2008. Among other feasible abatement methods to correct the hazard identified in instance (l) above, one method is to implement the requirement of NFPA 61 (2008) Sections 6.1, 6.3, and 8.3.4 to vent the granulators to a safe, outside location away from platforms, means of egress, or other potentially occupied areas. See NFPA 68, Standard on Explosion Protection by Deflagration Venting, for information on determining the appropriate explosion venting area and arrangement. Other feasible means of abatement methods include, but are not limited to, suppression, containment, or inerting systems as described in NFPA 69, Standard on Explosion Prevention Systems. 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 ensure that equipment, rooms, and/or buildings containing combustible dust, including sugar dust, in hazardous accumulations and/or airborne concentrations are equipped with explosion relief venting and/or explosion protection.