OSHA determined that an Arkansas construction contractor failed to test oxygen levels in the confined space before two workers entered a sewer 20 feet below ground at an Edmund work site and died because of a lack of oxygen. The investigation into the June 14, 2022, incident found that an employee climbed into a newly installed sewer manhole to conduct testing when they lost consciousness. Trying to rescue the worker, a second employee followed into the manhole and lost consciousness. Both workers later succumbed to their injuries. OSHA investigators determined the Texarkana, Arkansas, company did not complete the required planning before allowing workers to enter the space. In pre-entry planning, a confined space must be tested for safety, including determining if ventilation is needed. The company also failed to provide rescue equipment and did not train workers on confined space entry procedures or obtain an entry permit.
OSHA cited the company for six serious and two willful violations and proposed $287,150 in penalties.
In July 2020, the Bureau of Labor Statistics reported that – from 2011 to 2018 – 1,030 workers died in confined space incidents, 61 of them in sewers, manholes, and storm drains.
Citation 1 Item 1
Type of Violation: Serious; $4,351
29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 191O.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazard s of the chemicals and which , in conjunction with the other information immediately available to employee s under the hazard communication program , would provide employee s with the specific information regarding the physical and health hazards of the hazardous chemical.
On or about August 2, 2022 , and at times prior to, containers of chemicals, including but not limited to was the hydraulic fluid and a tank of soap did not have hazard warnings, or alternatively, words, pictures, symbols, or combination thereof , which provide at least general information regarding the hazards of the chemicals.
Citation 1 Item 2
Type of Violation: Serious; $10,151
29 CFR 1926.1203(d): If any employer decides that employees it directs will enter a permit space, that employer must have a written permit space program that complies with§ 1926.1204 implemented at the construction site. The written program must be made available prior to and during entry operations for inspection by employees and their authorized representatives.
On or about June 2, 2022, and at times prior thereto and thereafter, employees conducted work activities in confined spaces without a written confined space program implemented with a copy available at the worksite, exposing employees to oxygen deficiency and atmospheric contamination hazards.
Citation 1 Item 3
Type of Violation: Serious; $10,151
29 CFR 1926.1204(c): Procedures and practices necessary for the safe entry operations were not developed, including but not limited to specifying acceptable entry conditions; providing each authorized entrant or that employee’s authorized representative with the opportunity to observe any monitoring or testing of permit spaces; isolating the permit space and physical hazards within the space; purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards ; determining that , in the even t the ventilation system stops working , the monitoring procedure will detect an increase in atmospheric hazard levels in sufficient time for the entrants to safely exit the permit space:
On or about June 2, 2022, and at times prior thereto and thereafter, employees conducted entry and work within confined spaces (manholes) without safe means, procedures and practice developed or implemented to protect the employees, exposing employees to oxygen deficiency and atmospheric contamination hazards.
Citation 1 Item 4
Type of Violation: Serious; $10,151
29 CFR 1926.1204(d)(7): Employees conducted work activities in a confined space without necessary equipment for safe entry into, and safe exit from from a confined space:
On or about June 14, 2022 , and at times prior to, employees were not supplied appropriate means to access the top of the manhole during confined space entry, exposing them to fall hazards.
Citation 1 Item 5
Type of Violation: Serious; $10,151
29 CFR 1926.1204(d)( 8): Rescue and emergency equipment needed to comply with paragraph (i) of this section was not provided:
On or about June 14, 2022, and at times prior to, emergency rescue equipment was not provided when employees entered and conducted work in confined spaces, exposing employees to oxygen deficiency and air contamination hazard when working in confined spaces.
Citation 1 Item 6
Type of Violation: Serious; $10,151
29 CFR 1926.1207(a): Employees were not provided training in work regulated by this standard, employees did not possess the understanding, knowledge, and skills necessary for the safe performance of duties assigned under this standard:
On or about June 2, 2022 , and at times prior thereto and thereafter, employees entered and worked in confined spaces (manholes) without the training, exposing employees to oxygen deficiency and air contamination hazards.
Citation 2 Item 1
Type of Violation: Willful – Serious; $116,022
29 CFR 1926.1204(e)(1)(i): Employer did not perform pre-entry testing to the extent feasible before entry was authorized:
On or about June 2, 2022, and at times prior thereto and thereafter, employees entered a manhole to perform construction tasks when the internal atmosphere was not tested as required, exposing employees to oxygen deficiency and atmospheric contamination hazards.
Citation 2 Item 2
Type of Violation: Willful – Serious
29 CFR 1926.1205(a): Before entry was authorized, the employer did not document the completion of measures required by paragraph 1926.1204(c) of this standard by preparing an entry permit:
On or about June 2, 2022, and at times prior thereto and thereafter, employees entered and worked in manholes without the completion of confined space permits, exposing employees to oxygen deficiency and air contamination hazards.
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