OSHA Inspection: MAGIC CHEF, INC.

Issued

Nov 29, 1990

Abate by

Dec 31, 1990

Penalty

Initial $560 · Current $560

General-duty citation text

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 DANGER OF ASPHYXIATION OR ILLNESS. THE EMPLOYER DID NOT PROVIDE
THE EMPLOYEE ENTERING THE SEWER AREA JUST OUTSIDE THE LAB IN THE
ELECTRODEPOSITION PAINT DEPARTMENT, A CONFINED SPACE ENTRY PLAN
ADEQUATE TO PREVENT INJURIES OR ILLNESSES FROM CONDITIONS THAT COULD
BE EXPECTED TO ARISE WHILE THE EMPLOYEE WAS INSIDE.
AMONG OTHER METHODS, A FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO
CORRECT THE HAZARDS SHOULD FOLLOW THE PROCEDURES SET FORTH IN THE
AMERICAN NATIONAL STANDARDS INSTITUTE ANSI Z117.1-1977, 'SAFETY
REQUIREMENTS FOR WORKING IN TANKS AND OTHER CONFINED SPACES', AND
SHOULD INCLUDE THE FOLLOWING:
1) IMPLEMENTATION OF THE FORMAL CONFINED SPACE ENTRY PROGRAM CURRENTLY
IN EXISTENCE AT THE FACILITY. THE PROGRAM SHOULD INCLUDE THE
FOLLOWING AREAS:
A) ESTABLISHMENT OF A PERMIT SYSTEM. ENTRY INTO A CONFINED SPACE SHALL
BE BY PERMIT ONLY. THE SUPERVISOR OR A QUALIFIED PERSON SHALL BE
RESPONSIBLE FOR SECURING THE PERMIT AND BOTH SHALL SIGN OFF WHEN THE
AREA HAS BEEN REVIEWED AND NECESSARY ACTIONS CONFIRMED, THE PERMIT
SHALL INCLUDE: LOCATION AND DESCRIPTION OF THE WORK TO BE DONE,
HAZARDS THAT MAY BE ENCOUNTERED, COMPLETE ISOLATION OF THE CONFINED
SPACE (BLANKING AND/OR DISCONNECTING, ELECTRICAL AND MECHANICAL
LOCKOUT), PROTECTIVE EQUIPMENT AND CLOTHING REQUIRED, ATMOSPHERIC
TEST READINGS, STANDBY PERSON, EMERGENCY PROCEDURES AND THE LOCATION
OF FIRST AID EQUIPMENT. THE PERMIT SHALL BE DATED AND CARRY AN
EXPIRATION TIME THAT WILL BE VALID FOR ONLY ONE SHIFT.
B) ESTABLISHMENT OF A TRAINING PROGRAM WHICH INCLUDES THE FOLLOWING
AREAS: EMERGENCY ENTRY AND EXIT PROCEDURES, USE OF APPLICABLE
RESPIRATORS, FIRST AID, LOCKOUT PROCEDURES, SAFETY EQUIPMENT USE,
RESCUE AND TRAINING DRILLS, PERMIT SYSTEM, AND WORK PRACTICES.
TRAINING SHALL NOT BE CONSIDERED COMPLETE UNTIL THE EMPLOYEE IS
JUDGED TO HAVE ATTAINED AN ACCEPTABLE DEGREE OF PROFICIENCY FOR
ENTERING AND WORKING IN CONFINED SPACES.
C) MECHANICAL VENTILATION OF THE CONFINED SPACE SHALL BE PROVIDED PRIOR
TO ENTRY AND CONTINUED TO PROVIDE A SAFE ATMOSPHERE.
D) ENTRY INTO A CONFINED SPACE SHALL BE PROHIBITED UNTIL INITAL TESTING
OF THE ATMOSPHERE HAS BEEN DONE FROM THE OUTSIDE. THE TEST PERFORMED
SHALL INCLUDE THOSE FOR OXYGEN CONTENT, FLAMMABILITY, AND TOXIC
MATERIALS. MEASUREMENTS SHALL BE MADE WITH INSTRUMENTS CALIBRATED
DAILY ACCORDING TO MANUFACTURER'S INSTRUCTIONS. INSTRUMENTS
OPERATORS SHALL BE TRAINED IN THE USE AND CARE OF THE INSTRUMENTS.
E) ALL ENTRANCES TO ANY CONFINED SPACE SHALL BE POSTED.
F) LOCKOUT AND TAGOUT PROCEDURES SHALL BE USED FOR ANY ELECTRICAL OR
MECHANICAL EQUIPMENT TO WHICH AN EMPLOYEE IN A CONFINED SPACE COULD
BE EXPOSED.
G) PERSONAL PROTECTIVE EQUIPMENT SUCH AS REPIRATORY PROTECTION SHALL BE
CHOSEN AND PROVIDED ON THE BASIS OF TESTING AND MONITORING. USERS OF
THIS EQUIPMENT SHALL BE TRAINED IN ITS LIMITATIONS AND USE.
REPIRATORY PROTECTION SHALL BE USED IN ACCORDANCE WITH SECTION 1910.
134 OF 29 CFR 1910 GENERAL INDUSTRY STANDARDS. ADDITIONAL PROTECTION
SHALL BE CHOSEN WHEN DETERMINED TO BE NECESSARY BY A QUALIFIED
PERSON.
H) AN INDIVIDUAL SHALL BE REQUIRED TO STAND BY FOR RESCUE OUTSIDE THE
CONFINED SPACE TO BE IN IMMEDIATE CONTACT THE THE EMPLOYEE(S) IN
THE CONFINED SPACE.
I) EMERGENCY RESCUE PROCEDURES SHALL BE ESTABLISHED WITH A REQUIREMENT
OF THE CONFINED SPACE WITH PROPER EQUIPMENT TO PROVIDE FOR THE
RESCUE OF THE PERSON(S) IN THE CONFINED SPACE. SUCH EQUIPMENT SHALL
INCLUDE SAFETY HARNESS AND LIFELINES WITH PROVISIONS FOR HOISTING
THE EMPLOYEE(S) FROM THE CONFINED SPACE. IF ENTRY IS REQUIRED FOR
RESCUE, THE RESCUING EMPLOYEE SHALL BE EQUIPPED WITH APPROVED AIR
SUPPLY RESPIRATORY PROTECTION AND OTHER APPROPRIATE PROTECTION
EQUIPMENT. THE STANDBY PERSON SHALL HAVE SOME MEANS OF ALERTING
OTHERS TO AN EMERGENCY SITUATION.
2) IMPLEMENTATION OF A TRAINING PROGRAM COVERING PROPER CONFINED SPACE
ENTRY AND EXIT PROCEDURES, LOCKOUT AND TAGOUT, EMERGENCY PROCEDURES,
PERSONAL PROTECTIVE EQUIPMENT AVAILABLE, AND WORK PRACTICES.
EMPLOYEES SHOULD NOT BE ALLOWED TO ENTER A CONFINED SPACE UNTIL S/HE
DISPLAYS A THOROUGH UNDERSTANDING OF THE PROCEDURES NECESSARY FOR
SAFE ENTRY AND THE ASSOCIATED HAZARDS.
3) THE ELIMINATION OF SYSTEM CROSS-TIES AND/OR THE ADDITION OF A MEANS
OF ISOLATION FOR EACH SYSTEM.
4) THE ELIMINATION OF CONDESATE ACCUMULATION WITHIN THE VENT LINES.
5) COMPLETE ISOLATION OF THE SYSTEM INVOLVED.
6) PERFORMANCE OF AIR MONITORING SURVEYS FOR TOXIC CHEMICALS (SUCH AS
PROPYLENE OXIDE). SUCH SURVEYS WOULD REQUIRE THE ACQUISITION OF
MONITORING EQUIPMENT SPECIFIC FOR THE CHEMICALS INVOLVED.
7) ENSURE THE AVAILABILITY OF EQUIPMENT NECESSARY IN THE EVENT OF AN
EMERGENCY AND THAT IT IS IN PROPER WORKING ORDER.
DISCLAIMERS:
A) THE EMPLOYER IS NOT LIMITED TO THE ABETEMENT METHODS SUGGESTED BY
OSHA.
B) THE METHODS EXPLAINED ARE GENERAL AND MAY NOT BE EFFECTIVE IN ALL
CASES.
C) THE EMPLOYER IS RESPONSIBLE FOR SELECTING AND CARRYING OUT AN
APPROPRIATE ABATEMENT METHOD.