Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 469439.015 Citation: 01001 Issuance: 08/13/2012 ReportingID: 0213900
Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:09/28/2012 2 Nr Exposed:47 Final Order:09/07/2012
Initial Penalty:7000 REC: Emphasis:
Current Penalty:7000 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty abatement Type FTA Insp
Penalty Z: Issued 08/13/2012 7000 09/04/2012 Serious  
Penalty I: Informal Settlement 09/07/2012 7000 09/28/2012 Serious  


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

Section 5(a)(1) of the Occupational Safety and Health Act: 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 performing trash collection during elevated heat conditions were exposed to excessive heat: a) Hopewell Township, NJ: On May 29, 2012 an employee collecting garbage on an outdoor route during an excessive heat advisory issued by the National Weather Service suffered heat stroke causing his internal body temperature to reach 106.9oF. The employee began work at 6:30 a.m. on May 29, 2012, and the heat index was 93?F at 3:30 p.m. when the employee collapsed. On June 1, 2012 the employee died due to complications of suffering heat stroke. Among other methods, a feasible and acceptable method of abatement includes but is not limited to establishing a heat stress management program which incorporates guidelines from the National Institute for Occupational Safety and Health (NIOSH) document, "Working in Hot Environments," and OSHA's Safety and Health Topics Page on Occupational Heat Exposure. Among other measures, such a program may include: 1. Providing a training program for all employees, including temporary employees, contractors, and part-time employees, regarding the health effects associated with heat stress, symptoms of heat-induced illness, and methods of preventing such illnesses. 2. Ensuring that employers for whom Labor Ready provides temporary employees have a heat stress management program that includes the following: a. Acclimatizing employees beginning work in hot environments or those returning from absent periods of three or more days. b. Implementing a work/rest regimen that includes a provision to allow employees to become acclimatized to extreme heat conditions. c. Rescheduling work during the cooler periods of the day (e.g., early mornings and/or in the evenings). d. Providing cool water and encouraging employees to drink 5 to 7 ounces of fluid every 15 to 20 minutes rather than relying on thirst. e. Providing a training program for all employees, including temporary employees, contractors, and part-time employees, regarding the health effects associated with heat stress, symptoms of heat induced illness, and methods of preventing such illnesses. f. Establishing a screening program to identify health conditions aggravated by exposure to heat stress. NOTE: IN ADDITION TO ABATEMENT CERTIFICATION, THE EMPLOYER IS REQUIRED TO SUBMIT ABATEMENT DOCUMENTATION FOR THIS ITEM. FAILURE TO COMPLY WILL RESULT IN AN ADDITIONAL PENALTY OF $1000.00 IN ACCORDANCE WITH 29 CFR 1903.19.