OSHA Inspection: JOSHUA MACARONI

Issued

2014-04-21 00:00:00

Abate by

2014-04-24 00:00:00

Penalty

Initial $28000.00 · Current $12500.00 Reduced

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 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: The hazard of being struck by moving parts
of an amusement device after
safety systems were bypassed.
a)Vortex Amusement Ride at the NC State Fair 10/22/13 through 10/24/13 -
Employees were
exposed and an employee was injured due to safety systems built into the
machine being
circumvented by the addition of jumper wiring placed into the wiring
mechanism.  The jumper
wiring effectively negated safety circuits allowing the machine to operate
when the emergency
and/or safety handles (passenger restraint mechanisms) were not engaged.
Safety devices used
to prevent device operation while seat restraints were in the open
position were bypassed
electrically using jumper wires at the electric terminal in the junction
box.  Because of the
bypass, the device could be operated with one or all restraints in the
open position.
Among other methods, one applicable and feasible method to correct this
hazard would be to
operate the machine with all safety devices operational as designed by the
manufacturer.
REFERENCE: VORTEX ORIGINAL OWNER/OPERATORS MANUAL STATES "ALL
SAFETY CIRCUITS MUST REMAIN AS DESIGNED AND MAY NOT BE BYPASSED."
REFERENCE:  NC DOL EAD DIVISION STANDARD 13 NCAC 15.0424 ELECTRICAL
SAFETY REQUIREMENTS WHICH STATES"ALL ELECTRICAL WIRING, EQUIPMENT
AND APPARATUS USED FOR AMUSEMENT DEVICES OR FOR LIGHTING SHALL
COMPLLY WITH THE NATIONAL ELECTRICAL CODE, NFPA 70, AND SHALL BE
PROPERLY AND LEGALLY INSTALLED, OPERATED AND MAINTAINED"

Issued

2014-04-21 00:00:00

Abate by

2014-04-24 00:00:00

Penalty

Initial $28000.00 · Current $12500.00 Reduced

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 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:  The hazard of being struck by moving
parts of an amusement device that
was not maintained in accordance with manufacturer operating instructions.
a)Vortex ride at North Carolina State Fair, 10/22/13 through 10/24/13 -
where the employer
failed to maintain the Vortex amusement device in accordance with
manufacturers'
specifications. The employer was required to  perform one operational
check per day and knew
the Vortex was not being maintained per manufacturers instructions.
Jumpers inserted into the
wiring system bypassed the safety circuit which prevented the ride from
operating because the
safety restraints were not engaged.  The circumvention of the circuit
would have been readily
apparent because it would result in the "green light" on the control panel
staying on even when
the restraints were not closed.  The malfunction was not recorded on any
of the operational
checks performed after the jumper was installed.  Bypassing the safety
circuit exposed the
employees working on the ride to the possibility of a struck by hazard if
the ride started up
while they were loading or unloading ride patrons.  Such a start up
occurred on 10/24/13
resulting in injuries to an employee.  The passenger restraint release
button also
malfunctioned, requiring attendants to release the restraints by using a
release in an electrical
control cabinet on the deck of the ride.
Among other methods, one applicable and feasible method of abatement to
correct this hazard
would be to perform maintenance inspections and correct any irregularities.
REFERENCE:  VORTEX ORIGINAL OWNER/OPERATORS MANUAL STATES "ALL
SAFETY CIRCUITS MUST REMAIN AS DESIGNED AND MAY NOT BE BYPASSED."
REFERENCE: VORTEX OWNERS MANUAL - p.61 - INSTRUCTIONS FOR USE AND
MAINTENANCE - "DO NOT CHANGE OR RENDER UNUSABLE THE SAFETY
DEVICES OF THE CONNECTIONS." "PERFORM THOROUGH AND REGULAR
MAINTENANCE OF THE ASSEMBLIES."
REFERENCE: NC DOL EAD DIVISION STANDARD 13 NCAC 15.0410 DAILY
INSPECTION AND TEST WHICH STATES "A DAILY INSPECTION AND TEST SHALL
INCLUDE THE OPERATION OF CONTROL DEVICES, SPEED-LIMITING DEVICES,
BRAKES AND OTHER EQUIPMENT PROVIDED FOR SAFETY."