OSHA Inspection: DAL TORO

Issued

Dec 8, 2008

Abate by

Mar 2, 2009

Penalty

Initial $2,500 · Current $2,500

General-duty citation text

Nevada Revised Statute 618.375(1):  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:
The employer failed to ensure that the place of employment was free from
recognized hazards
in that:
Dal Toro kitchen, Employee #1, a line cook, was assigned to cook clams in
the kitchen on level
two (P2) when he noticed that the clams were bad.  The Sous Chef sent
Employee #1 down to
P1 to get other box of clams from the walk in refrigerator.  Employee #1
went downstairs
retrieved the clams and placed the box onto the carriage of a Pflow
Vertical Reciprocating
Conveyor Lift.  Employee #1 sent the lift up to P2 and walked back
upstairs.  Employee #1
walked to the lift, opened the doors, but failed to notice that the
carriage was not present.
Employee #1 fell into the lift shaft approximately five feet and onto a
metal strut located over
the top of the carriage.  As a result the Employee #1 sustained a
fractured left leg and a
laceration to the palm of his right hand:
a.The interlocks, designed to hold the doors closed on P2 when the
carriage was
not at that level, were not operational for at least one week prior to the
accident.
A paper sign had been posted on or near the P2 doors, by a chef, in Spanish
stating "Careful the door will open you can fall".  Also in English "Watch
the
first step!"  Abated During Inspection 10/24/08.
b.A safety barrier, designed by the manufacturer for backup up protection
should
the interlocks be damaged or malfunction and would prevent an employee from
falling into the lift shaft, had not been installed.
Reference: American Society of Mechanical Engineers, Safety Standard for
Conveyors and Related Equipment, B20.1-2006 -
-Paragraph 6.21.2 Guarding. Sub-paragraph (b)  "The conveyor housing
shall be equipped with doors or an equivalent means at each manual
loading and unloading station, arranged so that they can be opened only
when the carrier is present at that level and such that the carrier cannot
be
actuated until they are closed.  This requirement is typically satisfied by
use of a mechanical locking device, which is actuated by the motion of the
carrier, and an electrical switch indicated that the door is closed."
-Paragraph 5.11.3 Safety Devices.  "All safety devices, including wiring
of electrical safety devices, shall be arranged to operate such that a
power
failure or failure of the device itself will not result in a hazardous
condition."
Reference:  Pflow Vertical Lifts, Owner's Manual, Series 21 without
deadlocks -
-Page 4 Safety, "DANGER  If you can open a gate when the unit is
not at that level, or the unit will operate with a gate open, a safety
device
is not working and could result in serious injury or death."
-Page 4 Safety, "WARNING  DO NOT operate the unit if either the gates
or interlocks are not functioning properly."
Reference:  Pflow Vertical Lifts, Installation Instructions, Series 21,
071905-211
- Safety Barrier Bar Instructions, Pflow 072999, B227-1 and Typical Ways to
Mount Safety Bar Rails, B227-2.
One feasible means of abatement would be to ensure that all employees and
employer
representatives read and understand the American Society of Mechanical
Engineers B20.1
and prior to operation of the lift to read the Pflow Vertical Lifts
Owner's Manual and
Installation Instructions.

Issued

Nov 17, 2008

Abate by

Dec 17, 2008

Issued

Nov 17, 2008

Abate by

Dec 17, 2008