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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 312922677 Citation: 02002 Issuance: 12/02/2010 ReportingID: 0626700

Viol Type:Willful NrInstances:1 Contest Date:12/08/2010
Abatement Date:01/04/2011 X Nr Exposed:1 Final Order:09/26/2012
Initial Penalty: $56,000.00 REC: Emphasis:
Current Penalty: $27,829.75 Gravity:10 Haz Category:FALLING

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 12/02/2010 $56,000.00 01/04/2011 Willful  
Penalty J: ALJ Decision 09/26/2012 $27,829.75 01/04/2011 Willful  

Text For Citation: 02 Item/Group: 002 Hazard: FALLING

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 fall hazards: a)The employer does not ensure employees are protected from the hazards of falls by installing adequate fall protection systems for employees engaged in the tasks and operations associated with tanker-trailer bulk loading operations. This violation was most recently observed on about September 2, 2010, when an employee was exposed to fall hazards when the employee worked on top of the tanker trailer without adequate fall protection. The condition exposed employees to a 13 foot fall. One feasible and acceptable means of abatement would be to ensure that employees performing work on top of a tanker trailer are protected from falls by a personal fall arrest system utilizing anchorages attached to an overhead structure that extends the entire length of a tanker trailer or by installing a fixed fall protection system that includes a stairway and an overhead walkway with appropriate guard rails and toe boards. Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees working on top of tanker trailers are provided with effective fall protection.

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