OSHA Inspection: MAGIC IN THE SKY FLORIDA, LLC

Issued

May 31, 2023

Abate by

Jun 20, 2023

Penalty

Initial $6,250 · Current $3,500 Reduced

General-duty citation text

29 CFR  1910.109(c)(2)(ii): Magazines used only for storage of black powder, Class B and Class C explosives were not weather resistant, fire-resistant, and ventilated:  a.) At the worksite 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards when Class C (Hazard Division 1.4G) explosives consisting of fireworks were not stored in a magazine that was fire-resistant.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 5, 2023

Penalty

Initial $6,250 · Current $30,000

General-duty citation text

29 CFR  1910.119(c)(1): The employer did not develop a written plan of action regarding the implementation of employee participation:   a.) At 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards when assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that a written program for employee participation in a PSM covered processes including, but not limited to, the "e-matching" assembly process had not been developed.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 5, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.119(d): The employer did not complete a compilation of written process safety information, including information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process before conducting the process hazard analysis:   a.) At 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards due to assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that written process safety information had not been compiled to identify and understand the hazards of the process.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 5, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.119(f)(1): The employer did not develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information:  a.) At 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards due to assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that written operating procedures had not been developed to provide clear instructions for safely conducting operations including, but not limited to, the assembly process.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 5, 2023

Penalty

Initial $15,625 · Current $23,250

General-duty citation text

29 CFR  1910.119(e)(1): The employer did not perform an initial process hazard analysis (hazard evaluation) on processes covered by 29 CFR 1910.119:  a.) At 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards due to assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that an initial process hazard analysis had not been conducted.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 5, 2023

Penalty

Initial $15,625 · Current $0 Reduced

General-duty citation text

29 CFR  1910.119(i)(1): The employer did not perform a pre-startup safety review for new facilities and for modified facilities when the modification was significant enough to require a change in the process safety information:   a.) At 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards due to assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that a pre-start-up safety review was not performed for the facility.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jun 20, 2023

Penalty

Initial $6,250 · Current $6,250

General-duty citation text

29 CFR  1910.119(n): The employer did not establish an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38:  a.) At 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards due to assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that an emergency plan had not been established.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include, but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 5, 2023

Penalty

Initial $15,625 · Current $3,500 Reduced

General-duty citation text

29 CFR  1910.307(c): Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:   a.) At 901 Central Florida Parkway, Orlando, FL : On or about December 1, 2022, employees were exposed to explosion, deflagration, and fire hazards due to assembling Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that the equipment and wiring methods were not approved for the hazardous location.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 19, 2023

Penalty

Initial $6,250 · Current $6,250

General-duty citation text

29 CFR  1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):   a.)  At the warehouse, 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees were exposed to struck-by, crush by, explosion, deflagration, and fire hazards when operating the AHERN Hyster 50XT forklift to transport materials such as, but not limited to, Hazard Division 1.3G and 1.4G explosives consisting of display fireworks and electric igniters (e-matches), in that the employer did not ensure employees were properly trained or evaluated on the use of the forklift and the ability to recognize potential hazards associated with its use.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 19, 2023

Penalty

Initial $6,250 · Current $6,250

General-duty citation text

29 CFR  1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):  a.) At the warehouse at 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees exposed to potentially hazardous products including, but not limited to flammable acrylic paints, 1.3G and 1.4G display fireworks and electrical igniters (e-match), in that a written Hazard Communication Program was not developed and implemented.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 19, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(g)(1):  Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use:   a.) At the warehouse at 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees performing fireworks set-up operations were exposed to potentially hazardous products including, but not limited to flammable acrylic paints, 1.3G and 1.4G display fireworks and electrical igniters (e-match), in that Safety Data Sheets (SDS) were not maintained at the worksite.  In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.

Issued

May 31, 2023

Abate by

Jul 19, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  a.) At the warehouse at 901 Central Florida Parkway, Orlando, FL: On or about December 1, 2022, employees performing fireworks set-up operations were exposed to potentially hazardous products including, but not limited to flammable acrylic paints, 1.3G and 1.4G display fireworks and electrical igniters (e-match), in that information and training on the hazards of the products not provided.    In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the Certification of Corrective Action Worksheet), in addition, documentation demonstrating the abatement is complete must be included with your certification.  This documentation may include but is not limited to evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.