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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 312422264 Citation: 01001 Issuance: 02/17/2009 ReportingID: 0935000

Viol Type:Serious NrInstances:3 Contest Date:03/04/2009
Abatement Date:03/03/2009 X Nr Exposed:3 Final Order:03/08/2011
Initial Penalty: $7,000.00 REC:A Emphasis:
Current Penalty: $7,000.00 Gravity:10 Haz Category:CRUSHING

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 02/17/2009 $7,000.00 03/03/2009 Serious  
Penalty F: Formal Settlement 03/08/2011 $7,000.00 03/03/2009 Serious  

Text For Citation: 01 Item/Group: 001 Hazard: CRUSHING

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to crushing injuries from being struck by a forty foot intermodal container weighing four and one half tons: (a)Onboard M/V NYK STARLIGHT, bay fifty six, off-shore: While performing both crane boss duties and while holding a stuck twist lock open with an unlocking pole within three to four feet of a forty foot container, a crane boss was struck by the container when it was hoisted. The crane boss was knocked over the stern of the vessel into the water where he drowned. (b)Onboard M/V NYK STARLIGHT, bay fifty six, off-shore: While working within two containers of a discharge operation, two lashers were exposed to possible injuries including being struck by the container. AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE METHOD TO CORRECT THE HAZARD: FOLLOW THE PROVISIONS OF PACIFIC COAST MARINE SAFETY CODE, 2002 REVISION, SECTION 15, RULE NUMBER 1513 WHICH STATES EMPLOYEES SHALL NOT WALK OR WORK IN THE AISLES ADJACENT TO A CONTAINER BAY BEING LOADED OR DISCHARGED, EXCEPT WHEN THE UPPERMOST TIER IS BEING WORKED. EMPLOYEES LASHING OR UNLASHING WHILE THE UPPERMOST TIER IS BEING WORKED SHALL MAINTAIN A MINIMUM ATWARTSHIP DISTANCE OF FIVE (5) CONTAINER WIDTHS OR HALF THE WIDTH OF THE TIER, WHICHEVER IS GREATER, OFF-SHORE OF THE CONTAINER BEING HANDLED BY THE CRANE. ANOTHER FEASIBLE AND ACCEPTABLE METHOD TO CORRECT THE HAZARD WOULD BE TO HANDLE STUCK TWIST LOCKS PRIOR TO THE CRANE LOADING OR DISCHARGING CONTAINERS. ANOTHER FEASIBLE AND ACCEPTABLE METHOD OF CORRECTING THE HAZARD WOULD BE TO NOTIFY THE VESSEL'S FIRST OFFICER AND REQUEST THE CREW TO FREE THE STUCK TWIST LOCKS PRIOR TO THE CRANE LOADING OR DISCHARGING CONTAINERS.

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