A 48-year-old worker entered a tanker trailer to inspect it as part of an annual U.S. Department of Transportation requirement and was overcome by exposure to bleach and chlorine gas. The worker was found unconscious in the tanker trailer, and he later died of his injuries.
An investigation by OSHA determined his employer failed to identify and evaluate atmospheric hazards in the confined space, train workers on the confined space program, and ensure employees filled out a confined-space permit before entry into a confined space. OSHA also found the employer failed to equip the worker rescuing the unconscious employee with a retrieval system, implement its own procedures for summoning rescue and emergency services and numerous other violations of its permit-required confined space regulations. The company was also cited for failing to provide fall protection to an employee working on top of tanker trailers and providing training on fall hazards, respirators, and hazard communication.
In total, OSHA cited two (2) willful and ten (10) serious violations and proposed penalties of $326,306.
Citation 1 Item 1
Type of Violation: Serious; $10,151
29 CFR 1910.132(d)(1)(i): When the employer had assessed the workplace hazard(s) and determined that hazard(s) were present, the employer did not select and/or use the types of personal protective equipment that would protect the affected employee from the hazard(s) identified:
a. Bay 6: On or about March 7, 2022, a mechanic was on top of a semi tanker trailer with an unprotected side or edge that is 4 feet or more above a lower level while completing the DOT annual certification for a semi tanker trailer, VIN: 159T74221B0017026. The employer did not select the type of personal protective equipment that would protect the affected employee from the hazard, specifically a fall protection system to protect the employee from falling to a lower level.
b. Bay 2: On or about March 7, 2022, an employee was completing a visual inspection and maintenance on a semi tanker trailer. The employee was walking on top of the semi tanker trailer. The employer did not select the type of personal protective equipment that would protect the affected employee from the hazard, specifically a fall protection system to protect the employee from falling to a lower level.
c. Bay 10: On or about March 8, 2022, an employee was completing air monitoring readings inside semi tanker trailers before entering them for internal inspections. The employer did not select the type of personal protective equipment that would protect the affected employee from the hazard, specifically a fall protection system to protect the employee from falling to a lower level.
d. Bay 6: On or about March 7, 2022, employees attempted rescue and emergency services on an unconscious entrant from a permit required confined space. The entry hatch was on top of the trailer. The employer did not select the type of personal protective equipment that would protect the affected employee from the hazard, specifically a fall protection system to protect the employee from falling to a lower level.
Citation 1 Item 2
Type of Violation: Serious; $8,702
29 CFR 1910.132(f)(1): 29 CFR 1910.132(f)(1): The employer did not provide training to each employee who is required by this section to use personal protection equipment (PPE):
Bay 1-10: On or about March 7, 2022, employees were working at heights of 8.8 feet on top of semi trailer tankers conducting visual external inspections. The employer did not provide training to the employees who are required to use personal protection equipment, specifically a fall protection harness.
Bay 10: On or about March 8, 2022, an employee was completing the air monitoring readings inside semi tanker trailers before entering them for internal inspections. The employer did not provide training to the employees who are required to use personal protection equipment, specifically a fall protection harness.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 3a
Type of Violation: Serious; $10,151
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:
a. Bay 6: On or about March 7, 2022, employees at B & R Repair, Inc were required to wear respirators while completing the visual internal inspection portion of the annual DOT certification in rubber lined semi tanker trailers containing sodium hypochlorite solution. The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace.
b. Bay 6: On or about March 7, 2022, an employee attempted rescue and emergency services for an unconscious entrant from a permit required confined space, a rubber lined semi tanker trailer containing sodium hypochlorite. The employee was required to wear a full-face respirator during the rescue to enter the permit-required confined space. The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator before the employee was fit tested or required to use the respirator in the workplace.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1910.134(f)(2): 29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting respirator is fit tested prior to initial use, whenever a different respirator facepiece (size, style, make or model) is used, and at least annually thereafter.
a. Bay 6: On or about March 7, 2022, employees at B & R Repair, Inc were required to wear respirators while completing the visual internal inspection portion of the annual DOT certification in rubber lined semi tanker trailers containing sodium hypochlorite solution. The employer did not ensure that employees required to use a tight-fitting facepiece respirator were fit tested prior to initial use, whenever a different respirator facepiece is used, and at least annually thereafter.
b. Bay 6: On or about March 7, 2022, an employee attempted rescue and emergency services for an unconscious entrant from a permit required confined space, a rubber lined semi tanker trailer containing sodium hypochlorite. The employee was required to wear a full-face respirator during the rescue to enter the permit-required confined space. The employer did not ensure that employees required to use a tight-fitting facepiece respirator were fit tested prior to initial use, whenever a different respirator facepiece is used, and at least annually thereafter.
Citation 1 Item 3c
Type of Violation: Serious
29 CFR 1910.134(k)(1): The employer did not provide respirator training that ensured that each employee could demonstrate knowledge of at least the following elements:
Why the respirator is necessary and how improper fit, usage, or maintenance can compromise the protective effect of the respirator;
What the limitations and capabilities of the respirator are;
How to use the respirator effectively in emergency situations, including situations in which the respirator malfunctions;
How to inspect, put on and remove, use, and check the seals of the respirator;
What the procedures are for maintenance and storage of the respirator; and
How to recognize medical signs and symptoms that may limit or prevent the effective use of respirators:
a. Bay 6 : On or about March 7, 2022, the employer did not provide employees with effective training on the medical signs and symptoms preventing effective use, effects of improper fit, limitations, and maintenance and care. The employer required employees to wear half-mask respirators to protect employees while entering a permit required confined space, specifically the rubber lined semi tanker trailer containing sodium hypochlorite.
b. Bay 6 : On or about March 7, 2022, the employer did not provide employees with effective training on the medical signs and symptoms preventing effective use, effects of improper fit, limitations, and maintenance and care. The employer required an employee to wear a full-face tight-fitting respirator while entering a permit required confined space to perform rescue and emergency services on an unconscious entrant.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 4a
Type of Violation: Serious; $10,151
29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:
a. Bay 6: On or about March 7, 2022, employees were required to enter a permit-required confined space, a rubber-lined semi tanker trailer containing sodium hypochlorite, a corrosive, in order to complete the annual DOT certification which consists of an internal inspection. The employer did not identify and evaluate the hazards of permit spaces before employees entered the rubber-lined semi tanker trailer containing sodium hypochlorite, and failed to monitor for chlorine gas.
b. Bay 6: On or about March 7, 2022, employees were required to enter a permit-required confined space, a rubber-lined semi tanker trailer containing sodium hypochlorite, a corrosive, in order conduct safe and rescue services on an unconscious employee. The employer did not identify and evaluate the hazards of permit spaces before employees entered the rubber-lined semi tanker trailer containing sodium hypochlorite, and failed to monitor for chlorine gas.
Citation 1 Item 4b
Type of Violation: Serious
29 CFR 1910.146(d)(5)(iii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), when testing for atmospheric hazards, the employer did not evaluate permit space conditions when entry operations were conducted by testing first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors:
a. Bay 6: On or about March 7, 2022, employees were required to enter a permit-required confined space, a rubber- lined semi tanker trailer containing sodium hypochlorite, a corrosive, in order to complete the annual DOT certification which consists of an internal inspection. The employer did not evaluate permit space conditions for toxic gasses and vapors when entry operations were conducted by employees.
Citation 1 Item 5
Type of Violation: Serious; $10,151
29 CFR 1910.146(d)(6):Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:
Bay 6: On or about March 7, 2022, employees at B & R Repair, Inc. were required to complete the visual internal inspection portion of the annual DOT certification inside a permit-required confined space, a rubber-lined semi tanker trailer containing a sodium hypochlorite solution. The employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations.
Citation 1 Item 6
Type of Violation: Serious; $10,151
29 CFR 1910.146(e)(1):Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
Bay 6: On or about March 7, 2022, a mechanic entered a semi tanker trailer while being exposed to sodium hypochlorite solution in order to complete the annual DOT certification which included an internal inspection. The space was classified as a permit-required confined space. Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit.
Citation 1 Item 7
Type of Violation: Serious; $10,151
29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:
Bay 6: On or about March 7, 2022, employees at B & R Repair, Inc. were required to complete the visual internal inspection portion of the annual DOT certification inside a permit-required confined space, a rubber-lined semi tanker trailer containing a sodium hypochlorite solution. The employer did not provide training so that all employees whose work involved a permit-required confined space acquired the understanding, knowledge, and skills, necessary for the safe performance of the duties.
Citation 1 Item 8
Type of Violation: Serious; $10,151
29 CFR 1910.146(k)(1)(ii): The employer did not evaluate a prospective rescue service’s ability, in terms of proficiency with rescue related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified:
On or about March 7, 2022, a mechanic entered a semi tanker trailer while being exposed to sodium hypochlorite solution in order to complete the annual DOT certification which included an internal inspection. The space was classified as a permit-required confined space. The employer designated the local authorities to provide emergency rescue services for confined spaces. The employer did not evaluate the prospective rescue service’s ability, in terms of proficiency with rescue related tasks and equipment, to provide the emergency services.
Citation 1 Item 9
Type of Violation: Serious; $5,801
29 CFR 1910.151(c): Where employees were exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body were not provided within the work area for immediate emergency use:
a. Bay 6: On or about March 7, 2022, employees were conducting an inspection of a semi tanker trailer containing sodium hypochlorite, a corrosive solution. There was no suitable eyewash station or safety shower in the vicinity of the tanks to quickly drench the eyes or skin of the employees in the event of exposure to corrosive materials.
b. Bay 6: On or about March 7, 2022, an employee was exposed to sodium hypochlorite, a corrosive solution, while conducting rescue operations on an unconscious employee inside the permit-required confined space. There was no suitable eyewash station or safety shower in the vicinity of the tanks to quickly drench the eyes or skin of the employees in the event of exposure to corrosive materials.
Citation 1 Item 10
Type of Violation: Serious; $8,702
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. Bay 6: On or about March 7, 2022, employees were exposed to corrosive materials i.e., sodium hypochlorite during the annual DOT certification for the semi tanker trailer. The employee was also rinsing the semi tanker trailer and collecting the sodium hypochlorite solution. Employees were not provided effective information and training on the chemicals in their work area to which they were exposed.
b. Bay 6: On or about March 7, 2022, employees were exposed to corrosive materials i.e., sodium hypochlorite while conducting rescue of an employee found unconscious inside a semi tanker trailer. Employees were not provided effective information and training on the chemicals in their work area to which they were exposed.
Citation 2 Item 1
Type of Violation: Willful – Serious; $116,022
29 CFR 1910.146(k)(3): The employer did not use a retrieval system or methods to facilitate non-entry rescue when an authorized entrant entered a permit space.
Bay 6: On or about March 7, 2022, employees attempted rescue and emergency services for an entrant from a permit-required confined space. The entrant was found unconscious inside semi tanker trailer. The employer directed an unauthorized entrant to conduct the rescue operation without the use of a retrieval system or methods to facilitate a non-entry rescue. The employer does not protect the employees who conduct rescues by requiring the use of a retrieval system or method to facilitate non-entry rescue of the employees who conduct rescues.
Citation 2 Item 2
Type of Violation: Willful – Serious; $116,022
29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;
Bay 6: On or about March 7, 2022, employees attempted rescue and emergency services for an entrant from a permit-required confined space. The entrant was found unconscious inside the semi tanker trailer. The employer does not protect employees by developing and implementing procedures for summoning rescue and emergency services, for rescuing entrants from permit space, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue.
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