OSHA Inspection: GARDNER TRUCKING LLC

Issued

Dec 17, 2009

Abate by

Jan 22, 2010

Penalty

Initial $600 · Current $600

Issued

Oct 29, 2009

Abate by

Jan 22, 2010

Penalty

Initial $4,200 · Current $4,200

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 exposed to
fire/explosion hazards during cutting operations near a used fuel storage
tank for the furnace.
In the repair bay, employees were repairing the supporting cross-members
beneath a semi-trailer
by cutting new steel braces with a Milwaukee chop saw and welding them in
place. During the
cutting of the steel braces, showers of sparks were produced.  The chop
saw was located in the
center of the bay, on a pedestal within approximately 4 feet of a fuel oil
storage tank with a 2
inch diameter opening in the top with a funnel inserted in the opening. An
employee was in the
process of cutting a piece of cross-bracing with the Milwaukee chop saw
when there was an
explosion, sending the employee airborne towards the south of the bay
covered in oil with his
clothes smoldering.
Among others, a feasible and acceptable method to correct this hazard is
to follow the National
Fire Protection Association (NFPA) 31, Requirements for Installation of
Oil Burning Equipment,
Chapter 4, Basic Installation and Operation Requirements and Chapter 7,
Fuel Oil Tanks.  The
requirements stated in Chapter 4 are to utilize only used fuel oil, not
gasoline as a fuel source
for used-oil furnaces. The requirements stated in Chapter 7 are not
storing fuel-oil tanks within
five feet of spark producing equipment and work without proper barrier
protection; and, keeping
flammable and/or combustible liquids in vapor tight containers when not in
use.