OSHA Inspection: SOLOS INC., DBA TONIC

Issued

Mar 26, 2003

Abate by

Mar 31, 2003

Penalty

Initial $3,500 · Current $2,500 Reduced

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 hazard of being crushing between the wall of the
elevator shaft and the
moving elevator car.
On or about 10/11/02
A) Tonic NightClub, Service Elevator. Employees riding in the service
elevator are
expsoed to being crushed and/or trapped between the wall of the elevator
shaft and the
moving elevator car. The car was allowed to operate with the inside gate
in the open
position due to the required interlock being rendered inoperable.
Among other methods, one feasible and acceptable method to correct this
hazard is to
comply with the requirements of ASME A17.1-1993 Code for Elevators,
Dumbwaiters
and Escalators, and Moving Walks; rule 204.4b. which requires that each
door or gate
shall be equipped with a door or gate conforming to the requirements of
the rule.
1) Section 1002 Maintenance, rule 1002.4 - Making Safety Devices
Inoperative: "No
person shall at any time make any required safety device or electrical
protective device
inoperative, except where necessary during tests, inspections, and
maintenance; such
devices shall be restored to their normal operating condition in
conformity with the
applicable requirements. and
2) Inspect all elevator interlocks and switches on a daily basis for
objects used to bypass
interlocks and remove such items, and
3) Instruct employees on the dangers of bypassing the gate interlock and
hoist-way door
interlock. and
4) Enforce and comply with ANSI A17.1-1971 and/or ASME A17.1-1993
NOTE: Because abatement of this violation has been documented in the
inspection case
file, the employer need not submit certification or documentation of
abatement as would
normally be required by 29 CFR 1903.19.