OSHA Inspection: MELROSE SOUTH PYROTECHNICS INC

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $5600.00 · Current $5600.00

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety and
Health Act of North Carolina:
The employer did not furnish to each of his employees  conditions of
employment and a place of employment
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, deflagration and burn hazards
from premature detonation and
explosion of pyrotechnic devices as a result of improper preparation of
fireworks:
a)Site, truck (parked at final destination), inside enclosed cargo portion
of Ryder rental truck, NC
License # ZB7357, VIN# 1FVACWDC94HN53759 - On or about July 4, 2009, four
employees
under the direction of the Chief Pyrotechnician prepared (assembled)
fireworks by inserting
electric matches into the fuses of shells inside a truck (serving as a
magazine) containing 680
pounds of pyrotechnics (net explosive mass). Reference: American
Pyrotechnics Association
(APA) Display Fireworks Training Program, Addendum, "Safety Precautions
for Handling
Electric Match", Items 4, 5, and 6, Dated January, 2009; National Fire
Protection Association
(NFPA) 1123, Code for Fireworks Display, 2010 edition, Paragraphs 4.2.2.1,
4.2.3.4,
A.4.2.2.4
One feasible means of abatement would be to operate under American
Pyrotechnics Association (APA)
Display Fireworks Training Program, Addendum, "Safety Precautions for
Handling Electric Match",
Items 4, 5, and 6, Dated January, 2009; National Fire Protection
Association (NFPA) 1123, Code for
Fireworks Display, 2010 edition, Paragraphs 4.2.2.1, 4.2.3.4, A.4.2.2.4

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $5600.00 · Current $5600.00

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety and
Health Act of North Carolina:
The employer did not furnish to each of his employees  conditions of
employment and a place of employment
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 and burns as a result of
premature detonation and explosion of
pyrotechnic devices due to improper control of possible ignition sources
such as smoking materials:
a)Site, truck, inside the back enclosed portion of the Ryder rental truck,
NC License # ZB7357,
VIN# 1FVACWDC94HN53759, ID# 400596 - On or about July 4, 2009, four
employees were
killed and one injured during operations where employees were permitted to
introduce possible
ignition sources such as smoking materials and lighter(s) within 50 feet
of where pyrotechnic
materials were present. A pack of cigarettes and a butane lighter were
found two (2) feet from
the (South) rear corner of the open door of the enclosed body of the Ryder
rental truck, NC
License # ZB7357, VIN# 1FVACWDC94HN53759. Reference: American Pyrotechnics
Association (APA) Display Fireworks Training Program, Paragraph 7.12.4;
and National Fire
Protection Association (NFPA) 1123, Code for Fireworks Display, 2010
edition, Paragraphs
8.1.6.1
Among other feasible methods to correct this, the employer could have
ensured that all smoking
materials and spark producing devices were removed from the personnel
prior to allowing them within
50 feet of the pyrotechnics.

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $5600.00 · Current $5600.00

General-duty citation text

North Carolina General Statue 95.0129(01) of the Occupational Safety and
Health Act
of North Carolina:  The employer did not furnish to each of his employees
conditions of
employment and a place of employment 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 and burns as a result of premature detonation and explosion
of pyrotechnic
devices due to improper control of possible electrical ignition sources:
a)Site, truck, inside the back enclosed portion of the Ryder rental truck,
NC
License # ZB7357, Vin# 1FVACWDC94HN53759, ID # 400596 - On or
about July 4, 2009, four employees were killed and one injured during
operations where electrical devices such as a motorcycle type battery,
(6"LX3.5"HX2,5'W, black,10.3VCD) was not segregated or secured in place
or on the motor vehicle and separated by bulkheads or other suitable means
as
to prevent damage to fireworks contained in the truck.  Reference:  49 CFR
177.835 (USDOT FMCSA HAZMAT regulations).)

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $5600.00 · Current $5600.00

General-duty citation text

North Carolina General Statue 95-129(1) of the Occupational Safety and
Health Act of
North Carolina:  The employer did not furnish to each of his employees
conditions of
employment and a place of employment 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 and burns as a result of premature detonation and explosion
of pyrotechnic
devices due to improper control of possible (spark producing) ignition
sources:
a)Site, truck, inside the back enclosed portion of the Ryder rental truck,
NC
License # ZB7357, Vin# 1FVACWDC94HN53759, ID # 400596 - On or
about July 4, 2009, four employees were killed and one injured during
operations where spark producing (ferrous) tools were not segregated or
secured in place or on the motor vehicle and separated by bulkheads or
other
suitable means as to prevent damage to fireworks contained in the truck.
Reference:  49 CFR 77.835 (USDOT FMCSA HAZMAT regulations).3759,

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $5600.00 · Current $5600.00

General-duty citation text

North Carolina General Statute 95-129(1) of the Occupational Safety and
Health Act of North Carolina:
The employer did not furnish to each of his employees  conditions of
employment and a place of employment
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 and burns as a result of
premature detonation and explosion of
pyrotechnic devices due to a lack of oversight by the operator:
a)Site, truck, inside the back enclosed portion of the Ryder rental truck,
NC License # ZB7357,
VIN# 1FVACWDC94HN53759, ID# 400596 - On or about July 4, 2009, four
employees were

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Current $5600.00

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $5600.00 · Current $5600.00

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Penalty

Initial $2800.00 · Current $2800.00

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00

Issued

2009-12-11 00:00:00

Abate by

2009-12-16 00:00:00