The only item remaining in dispute is Item 3b of the citation. Item 3b alleges a violation of 29 CFR 1910.146(c)(4) for failure to develop and implement a permit-required confined space program to control entry of employees into the Fish Bin Chiller Alley at the Seward plant.
This item was classified as a serious violation with a proposed penalty of $975.
FINDINGS OF FACT
On September 7-8, 2000, Department compliance officer Patrick Wheat conducted an occupational safety and health inspection at a seafood processing plant in Seward, Alaska.
During his inspection, Wheat observed an area of the plant known as the Fish Bin Chiller Alley.