Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 1755223.015
Citation: 01001
Citation Type: Serious
Abatement Status: Abatement Completed
Initial Penalty: $16,131.00
Current Penalty: $14,518.00
Issuance Date: 10/31/2024
Nr Instances: 2
Nr Exposed: 2
Abatement Date: 12/31/2024
Gravity: 10
Report ID: 0215800
Contest Date:
Final Order: 11/26/2024
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | I: Informal Settlement | 11/26/2024 | $14,518.00 | 12/31/2024 | Serious | |
| Penalty | Z: Issued | 10/31/2024 | $16,131.00 | 11/27/2024 | Serious |
Text For Citation: 01 Item/Group: 001 Hazard:
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 was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to asphyxiation or atmospheric hazards: a) On or about 06/13/2024 at the site located at 6793 Champion Road Clinton, NY 13323: An employee entered Diller Manure tanker, Model #STAL7250.33 Serial# LD9TA33ZXMC804135, to retrieve a pipe sock which had fallen off a Jamesway manure fill pipe and was overcome. A second employee entered the tanker to aid the first and was also overcome, resulting in the death of both employees from exposure to manure gas. b) On or about 05/30/2024, and at times prior thereto, at the site located at 3455 NY-13, Truxton, NY 13158: Employees entered manure tanker trucks to conduct routine cleaning and maintenance, exposing the employees to potential atmospheric hazards including, but not limited to: hydrogen sulfide, methane, carbon dioxide, ammonia, and low oxygen.
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