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Retail Sales of Fireworks |
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Industry Best Practices |
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A wide variety of possible solutions can be implemented to
reduce or eliminate the risk of injury associated with retail sales of fireworks.
Example solutions include the use of good electrical safe work practices,
use of signage, lockout/tagout, housekeeping, emergency action plans, and fire
prevention plans. This page provides example industry best practices to control hazards.
American Pyrotechnics Association (APA)
Note: These are NOT OSHA regulations. However, they do provide guidance
from their originating organizations related to worker protection.
- Emergency Response Information for Consumer Fireworks (1.4G). Includes information for emergency responders:
- During normal handling, storage and transportation, no chemical composition
is released or exposed.
- However, in the event of a vehicle fire or intense heat reaching the cargo
area, the fireworks are likely to ignite. They will burn, spreading burning
particles over a limited area. A mass explosion is not expected. Smoke and
potentially-irritating gases will be produced in such a fire.
- If fireworks are spilled in an accident but are in no danger of being
ignited, they can safely
be picked up and repackaged. The area should be kept clear of non-essential
people while this is being done.
- Storage of Consumer Fireworks. Provides information about finished “consumer” fireworks, they will:
- not mass explode in a fire situation, because of the limited amount of
pyrotechnic composition permitted in each individual unit.
- merely burn at a controlled rate, and the fire can be fought by conventional
methods. Such a fire could be fought using standard protective equipment, and
the spread of the fire could be minimized by the application of water.
- not require great separation distances when consumer
fireworks--packaged, finished form--are stored in a warehouse.
- not pose a fire hazard different from that of other combustible materials
when stored in a typical retail sales location.
International Code Council (ICC)
Note: These are NOT OSHA regulations. However, they do provide guidance
from their originating organizations related to worker protection.
- International Fire Code (IFC). Addresses fire safety in new and existing
buildings and together with the International Building Code, comprehensively
references national standards.
- Chapter 33: Fireworks and Explosives.
National Fire Protection Association (NFPA)
Note: These are NOT OSHA regulations. However, they do provide guidance
from their originating organizations related to worker protection.
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1, Uniform Fire Code, 2006 Edition.
Incorporates provisions form NFPA's Fire Prevention Code and
Western Fire Chiefs Association's (WFCA's) Uniform Fire Code
into one far-reaching document that serves the need of every jurisdiction. The 2003 Code offers guidance on vital fire prevention and fire protection topics.
- Chapter 65, Explosives, Fireworks, and Model Rocketry.
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10, Standard for Portable Fire Extinguishers, 2006 Edition. Provides
guidance on equipment distribution, placement, maintenance, operation, and
inspection, including testing and recharging.
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13, Installation of Sprinkler Systems, 2002 Edition.
Provides guidance for the character and adequacy of water supplies and the
selection of sprinklers, piping, and valves.
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101, Life Safety Code, 2006 Edition.
Adopted as law by jurisdictions in most states,
the Life Safety Code has grown in scope to provide a minimum building design, construction, operation and maintenance requirements
needed to protect building occupants from the dangers of fire, smoke, toxic fumes, and panic.
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1124, Code
for Manufacture, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006
Edition.
Regulates the construction, use,
and maintenance of buildings and facilities for the manufacture and storage of fireworks at fireworks manufacturing facilities; the storage of display
fireworks and pyrotechnic articles at other than display sites, the retail sales of consumer fireworks in retail sales facilities, and the transportation
of fireworks on public highways.
- Chapter 7, Retail Sales of Consumer Fireworks. Applies to the retail sales of consumer fireworks at consumer fireworks retail sales facilities or stores.
Using Consensus standards to support a 5(a)(1) Citation
A consensus standard can be used to show “industry recognition” of a hazard.
However, the hazard must be recognized in the employers’ industry, not an
industry other than the employers’ industry.
Section 5(a)(1):
- is not used to enforce “should” standards
- is not used to require abatement methods not required by a specific
standard.
- is not normally used to cover categories of hazards exempted by an OSHA
standard.
The general duty provisions can only be used where there is no standard that
applies to the particular hazard involved.
Background
Section 5(a)(1):
Each employer shall furnish to each of his employees employment and a place of
employment which are free from recognized hazards that are causing or are likely
to cause death or serious physical harm to his employees;
The general duty provisions can only be used where there is no standard that
applies to the particular hazard involved.
Evaluation of Potential 5(a)(1) situations
Employer failed to keep workplace free of hazards to which employees of that
employer were exposed.
- Must involve a serious hazard and employee exposure
- Does not specify a particular abatement method – only that the employer
keeps the workplace free of serious hazards by any feasible and effective
means.
- The hazard must be reasonably foreseeable.
The hazard was recognized.
- Industry recognition
- Employer recognition
- Common-sense recognition
The hazard caused or was likely to cause death or serious physical harm.
Feasible means to correct the hazard were available.
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