OSHA Inspection: MANATEE ENVIRONMENTAL SERVICES, INC.

Issued

Feb 24, 2006

Abate by

Mar 1, 2006

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 without the use of personal flotation devices,
were exposed to the
hazard of drowning during an herbicide spraying operation from an airboat,
when the airboat
capsized due to strong winds, overloaded boat and uneven boat load.
a)Site - Mosaic Fertilizer Phosphate Mine Pit - Hwy 555 North of Hwy 640 -
Bartow, Fl.
Employees were operating an 11' foot airboat without personal flotation
devices during
a spraying operation in a phosphate pit containing a large volume of
water. During the
spraying operation to eradicate thick hydrilla vegetation, the airboat
capsized due to an
overloaded boat and unevenly distributed load that exceeded the boat's
maximum weight
capacity, causing employees to drown on or about, 09/20/05.
ONE FEASIBLE AND ACCEPTABLE METHOD OF ABATEMENT WOULD BE TO:
1) Follow and comply with the Florida Statutes Chapter 327 Vessel Safety,
Section
327.39 entitled, Personal Watercraft Regulated (1) which states, " A
person may not
operate a personal watercraft unless each person riding on or being towed
behind such
or being towed behind such vessel is wearing a type I, type II, type II,
or type V
personal flotation device, other than an inflatable device, approved by
the United States
Coast Guard".
2) Follow and comply with the Florida Statutes Chapter 327 Vessel Safety,
Section
327.50 entitled, Vessel Safety regulations; equipment and lighting
requirements (1)(a)
which states, " The owner and operator of every vessel on the waters of
this state shall
carry, store, maintain, and use safety equipment in accordance with
current
United States
Coast Guard safety requirements as specified in the Code of Federal
Regulation, unless
expressly exempted by the department".
3) Determine, operate and disperse the load within the maximum weight
capacity of the
vessel in accordance with the procedure specified in 33 CFR part 183, as
adopted by
Chapter 37 of the Florida Statutes.