OSHA Inspection: ZAMBELLI FIREWORKS MANUFACTURING CO.

Issued

Oct 21, 2009

Abate by

Nov 10, 2009

Penalty

Initial $3,000 · Current $3,000

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 explosion hazards of aerial devices:
a)  Quakertown Fireworks Show - On or about July 4, 2009 the employer
failed to
protect employees in that an employee was fatally injured when he was
struck by flying
debris from a bursting mortar trough when an eight (8) inch aerial shell
malfunctioned
at ground level. The eight (8) inch shell was manually ignited with a road
flare without
the mortar being buried at least three quarters of its length into the
ground.
ABATEMENT NOTE: One feasible and acceptable method of abatement is to
comply with all
the requirements of NFPA 1123 Code for Fireworks Display, 2006 Edition
including but not
limited to the following sections:
Section 4.4.5 - "Unless the requirements of 4.4.5.1 are met, mortars that
are buried in
the ground, in troughs, or in drums shall be separated from adjacent
mortars by a
distance at least equal to the diameter of the mortar."
Section 8.2.9.2.1 - "Unless the requirements of 8.2.9.2.2 are met, all
aerial shells
greater than 6 inches in diameter shall be fired using electrical ignition
or other means
of remote ignition that places the shooter and assistants at least 75 feet
away from the
mortar or behind a sturdy barricade at the time of ignition of the lift
charge."
Section 8.2.9.2.2 - "Shells that are nominal 7 inch or 8 inch in diameter
shall not be
subject to the requirements of 8.2.9.2.1 but shall be permitted to be
ignited manually
provided that the mortars are buried at least three-quarters of their
length into the ground
and the shooter has been provided with alternative means of protection."
Section 10.2 - "All assistants shall be trained in the duties they are to
perform, be under
the direct supervision of the operator, and shall be at least 18 years old.
Abatement certification and documentation required within 10 days after
abatement date.  The
certification shall include a statement that abatement is complete, the
date and method of
abatement, and state that employees and their representatives were
informed of this abatement.
Abatement documentation shall include documents demonstrating that
abatement is complete,
such as evidence of the purchase or repair of equipment, photographic or
video evidence of
abatement or other written records.

Issued

Oct 21, 2009

Abate by

Dec 30, 2009

Penalty

Initial $3,000 · Current $1,200 Reduced