Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1600316.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $4,351.00
Current Penalty: $1,200.00
Issuance Date: 10/13/2022
Nr Instances: 1
Nr Exposed: 3
Abatement Date: 11/02/2022
Gravity: 10
Report ID: 0625500
Contest Date: 11/01/2022
Final Order: 05/05/2023
Related Event Code (REC):
Emphasis:
Substance: 8320
Substance: 8330
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 05/05/2023 | $1,200.00 | 11/02/2022 | Serious | |
| Penalty | C: Contested | 11/02/2022 | $4,351.00 | 11/02/2022 | Serious | |
| Penalty | Z: Issued | 10/13/2022 | $4,351.00 | 11/02/2022 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
OSH ACT of 1970 Section (5)(a)(1): 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 were not protected from the hazard of high ambient heat while performing jobs duties. On or about and at times prior to June 06, 2022, employees were exposed to the hazard of high ambient heat from direct sun, during the performance of their job duties, including pouring concrete for 2 hours. Among other feasible and acceptable means to correct this hazard include, but are not limited to, the following: 1. Establish a comprehensive heat-related illness prevention program based on national consensus guidelines such as those published by NIOSHA (2016), ACGIH (2016), and OSHA (2021). A comprehensive program would include close oversight and day-to-day monitoring, training of workers and supervisors about heat-related symptoms and prevention strategies, and first aid and emergency response procedures to react quickly to signs and symptoms of heat-related illness. 2. Provide training for all employees, including temporary employees, day laborers, and part-time employees, prior to their exposure to hot weather conditions, regarding the health effects associated with heat stress, symptoms of heat-induced illnesses, and methods or prevention for heat-induced illnesses. 3. Implement a formal protocol to allow new workers to gain heat acclimatization gradually. Acclimatize new employees by gradually increasing their exposure to heat or to hot environment. This is also applicable for employees returning from absent periods of three or more days. 4. For new workers, the work schedule should be no more than 20% of the usual duration of work in the heat on Day 1 and no more than 20% increase on each additional day. 5. Monitor new workers or workers returning from absent periods of three or more days closely. Never allow them to work alone. If these workers complain of any symptoms that might be heat-related, immediately remove them from the hot environment and provide appropriate first aid. 6. Provide specific procedures to be followed for emergencies and procedures for first aid to be administered immediately to employees displaying symptoms of injury or illness. 7. Evaluate the program annually to ensure that it is operating as intended, is effective in controlling identified hazards, and is making progress toward established safety and health goals and objectives.
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