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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

This violation item has been deleted.

Violation Items

Nr: 312923824 Citation: 01001 Issuance: 11/09/2010 ReportingID: 0626700

Viol Type:Serious NrInstances:1 Contest Date:12/03/2010
Abatement Date:11/19/2010 Nr Exposed:4 Final Order:07/02/2012
Initial Penalty: $7,000.00 REC:A Emphasis:
Current Penalty: Gravity:10 Haz Category:HEAT

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 11/09/2010 $7,000.00 11/19/2010 Serious  
Penalty J: ALJ Decision 07/02/2012 11/19/2010 Serious  

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

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 the hazards of heat stress while conducting tree trimming operations. a)On or about August 4, 2010, where a heat advisory had been issued, a ground person performing the task of tree trimming operations including but not limited to: gathering tree trimmings from cut tree limbs, dragging them to the chipper machine, and pushed into the chipper's chute, was subjected to the recognized hazard of excessive heat. Exposure to excessive levels of heat may result in serious heat induced illnesses which include: transient heat fatigue, heat rash, fainting, heat cramps, heat exhaustion and heat stroke. Heat stroke is the most serious of these illnesses and can result in death. Among other methods, one feasible and acceptable abatement method to correct this hazard is to establish a Heat Stress Management Program which incorporates guidelines from the ACGIH's Threshold Limit Values and Biological Exposure Indices and /or the National Institute for Occupational Safety and Health (NIOSH) document, "Working in Hot Environments." Such a program may include, but is not limited to: (1)Acclimating employees beginning work in hot environment or those returning from absent periods of three or more days (2)Developing a work/rest regiment (3)Providing cool water and encouraging employees to drink 5 to 7 ounces of fluid every 15 to 20 minutes--rather than relying on thirst (4)Providing for a cool rest area (5)Providing training for employees regarding the health effects associated with heat stress, symptoms of heat induced illnesses and the method of preventing such illnesses (6)Establish a screening program to identify health conditions aggravated by exposure to heat stress Disclaimers: The employer is not limited to the abatement methods suggested by OSHA The methods explained are general and may not be effective in all cases. Other methods of abatement may be equally or more appropriate. Ultimate responsibility for determining the most appropriate abatement rest with the employer, given its extensive knowledge of specific conditions on its worksite(s).

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