OSHA Inspection: BLUE FISH CONSTRUCTION, LLC

Issued

Jan 20, 2004

Abate by

Feb 24, 2004

Penalty

Initial $750 · Current $750

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 hazards such as but not limited to asphyxiation, fire, and
explosion, resulting
due to entry into an unknown atmosphere in a confined space.
a.Windsor Meadows complex, Bldg. 5, Brentwood, NH - 07/23/03 An employee
of Blue Fish Construction entered a confined space (the lower level of the
"doghouse" utility annex) where the hazards had not been assessed. This
occurred
even after employees of Tri-State Sprinklers had reported some dizziness
and an
unusual odor in the space. Two employees of Tri-State and one of Swain
Plumbing & Heating received burns on 07/23/03 due to a propane explosion in
this space.  The lower level was accessible only by a ladder and met the
definition of a confined or enclosed space (1926.21(b)(6)(ii)).
Abatement note:
One feasible method of abatement, among others, is to develop and
implement
a confined space
program including the elements outlined in American National Standard
Institute (ANSI),
standard Z117.1 (Safety Requirements for Confined Spaces). Such a program
would include but
not be limited to training in the recognition of and safe entry into
confined spaces; procedures
for atmospheric testing for flammable, toxic, or oxygen deficient
atmospheres prior to and/or
during employee entries; appropriate ventilation methods to controlled
detected atmospheric
hazards; appropriate respiratory protection where the hazards can not be
controlled by
ventilation.