Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 310801790
Citation: 02001
Citation Type: Willful
Abatement Date: 03/13/2009 X
Initial Penalty: $35,000.00
Current Penalty: $10,000.00
Issuance Date: 01/13/2009
Nr Instances: 1
Nr Exposed: 4
Related Event Code (REC): C
Gravity: 10
Report ID: 0524500
Contest Date:
Final Order:
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | P: Petition to Mod Abatement | 04/17/2009 | $10,000.00 | 03/13/2009 | Willful | |
Penalty | I: Informal Settlement | 01/27/2009 | $10,000.00 | 03/03/2009 | Willful | |
Penalty | Z: Issued | 01/13/2009 | $35,000.00 | 03/03/2009 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard: BURNS
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, including severe burns, to employees in that employees were exposed to dust explosion, deflagration, and other fire hazards because of the improper design and maintenance of dust collection systems. In the South Mill, combustible oat flour dust was produced and the following deficiencies were noted: a) Portions of the dust collection ductwork were constructed with non-conductive and combustible PVC material; b) The dust collector did not have explosion prevention systems and was located inside the building; and c) There was no emergency action plan or fire prevention plan to guide employees in the prevention or response to an explosion or fire. NFPA Standard 61 - 2008 Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities: Section 10.4.4: "All components of the dust collection system shall be constructed of noncombustible materials" Section 10.4.2: "Dust collectors and filters used for grinders or hammermills shall be located outside of buildings and shall be protected in accordance with Section 6.3" Among other methods, feasible abatement methods to correct this hazard is to comply with the guidelines of NFPA 61-2008, "Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing Facilities", including but not limited to: a) Construct all dust collection components with conductive and non-combustible materials; b) Equip the dust collector with containment, suppression, inerting, or explosion venting and locate it to a safe outdoor location; and c) Develop an emergency action and fire protection plan. ***Abatement documentation is required for this item in accordance with the requirements of 29 CFR 1903.19(d)***