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General obligation clauses in truck yard explosion left



The Occupational Safety and Health Committee issued a general obligation clause and $ 7,000 proposed penalties issued after an explosion on a lorry.

US Occupational Safety and Health Administration issued Quick Transport of Arkansas LLC a single serious quote claiming a violation of the Public Safety and Health Act of the Public Commitment, claiming that it exposed its employees to explosion risk by allowing them to use a propane burner for thawing frozen valves on vacuum cleaners used in fracking operations, according to the decision of Secretary of Labor v. Quick Transport of Arkansas LLC, released on Wednesday.

After a hearing, an administrative judge submitted the quote because the work secretary failed to prove that Quick Transport's valve thinner exhibited an explosion risk. Upon scrutiny, the secretary claimed that the law director wrongly demanded that the secretary proved "the actual, definite presence of flammable vapors or hydrocarbons at Quick Transport's workplace", according to the decision.

To prove a violation of the general duty clause, the secretary must establish four parts: that a permit or activity at the workplace constituted a danger, that the employer or industry recognized the danger, that the risk caused or likely caused death or serious physical injury, and that a feasible and effective means existed to eliminate or substantially reduce the risk. "

" "Having failed to prove that Quick Transport's valve thinner was a risk of explosion and that the company or industry acknowledged that practice constituted a hazard, we note that the Secretary has not violated the general obligation clause" Commissioners Heather MacDougall and James Sullivan said they left the quote. [1

9659002] Commissioner Cynthia Attwood agreed with the decision to lead the quote because she agreed that the secretary did not show that Quick Transport or its industry acknowledged that the company's valve thinner was a risk of explosion.

"I agree however, with his conclusion that the secretary also failed to establish that Quick Transport's practice was a risk of explosion, "she said.

An attorney for the company could not immediately be reached for comments.

The Audit Committee has recently taken decisions a number of cases like invoices Provides OSHA's use of the general obligation clause to quote employers, especially in connection with exposures such as thermal stress or occupational violence in the healthcare sectors where the agency has not issued a specific standard

                    


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