Two explosions, two hours apart, sent two (2) workers of a storage tank sales and servicing company to the hospital, one with severe burns. The Washington State Department of Labor & Industries is fining the Des Moines, Wash. business $166,423 for ignoring rules that keep workers safe.
A resort on the Kitsap Peninsula hired the service company to inspect an 18,000-gallon underground propane tank and determine if it could be put back into use. When two workers cut open piping to the underground tank, propane leaked, causing flammable gas and vapor to spread throughout a fenced area where above-ground tanks are sited. The gas and vapor eventually reached a vaporizer unit that converts the liquid propane in the above-ground tanks into gas. The vaporizer has a battery-powered auto-ignitor that was not “locked out” to prevent it from turning on, and when it kicked on, the propane in the air ignited, causing an explosion. No one was hurt in the first explosion. The owner of the servicing company looked at the vaporizer unit but did not modify the settings. He told inspectors he did not see the button to shut off the ignitor. Work continued with no change in safety protocols. Two hours later, the workers removed the cover of the underground tank, causing propane gas and vapor to leak again. Minutes later, the auto-ignitor sparked a second explosion, shown in the security video (see below), badly burning two workers.
“It didn’t just happen once. The employer knew the risks and allowed it to happen again,” said Craig Blackwood, assistant director for L&I’s Division of Occupational Safety and Health. “These workers will carry those scars the rest of their life because their employer ignored commonsense rules to keep them safe.” One worker was hospitalized with burns to 30% of his body and spent more than a month in the Intensive Care Unit. The other suffered burns to his arms and was treated and released from the hospital the same day.
L&I cited the business for knowingly disregarding the rules for accessing the confined space of the underground tank and failing to control the source of ignition where flammable gas was present. In addition to the willful, serious violation, L&I cited the business for three serious violations, including lack of training for its workers.
Violation 1 Item 1A
Violation Type: Willful Serious; $161,323
WAC 296-809-50012(1)(a)
An employer is required to evaluate confined space conditions to determine that acceptable entry conditions exist before entry is authorized by the entry supervisor and that entry conditions are being maintained during entry operations.
The employer did not ensure the testing or evaluation of confined space conditions for safe entry to determine that acceptable entry conditions were being maintained during entry operations. In this instance, the employer allowed the removal of the permit-required confined space cover on August 22, 2024, without initial atmospheric monitoring for lower explosive limits, which resulted in 2 hospitalizations.
The confined space, an 18,000 gallon underground propane storage tank was not tested or evaluated for hazards such as combustible gases and vapors.
Exposure to hazards of this nature can lead to serious injuries involving permanent disability, death, or chronic irreversible illness.
The situation is not believed to exist any longer.
However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 1 Item 1B
Violation Type: Willful Serious; $0.00
WAC 296-24-33005(6)
The employer did not ensure all sources of ignition were either eliminated or controlled while work was conducted in the propane tank storage area where flammable vapors may exist.
In the following instances, employees did not control ignition sources while working in a location where flammable vapors were present:
1) Employees did not turn off a vaporizer unit with an auto-ignitor.
2) Employees used powered angle grinders to cut metal plumbing (pipes from the tank).
3) Employees did not use an intrinsically safe blower fan.
4) Employee operated a powered industrial truck not designed for use in environments with flammable vapors.
The violations above have been grouped because they involve similar or related hazards that may increase the potential for illness or injury resulting from an exposure or accident. A single penalty is applied to the first item in the group.
Situation not believed to exist any longer.
However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 1
Violation Type: Serious; $2,100
WAC 296-809-50010(3)
The employer did not provide, maintain, and use proper atmospheric testing and ventilation equipment for confined space entry operations where flammable vapors or gases may exist.
During the inspection, it was found that the Lower Explosives Limit Meter had not been calibrated in 2 years when the manufacturer recommends every 90 days. Additionally, the fan used to ventilate the confined space was not inherently safe or designed to be used when there is potential exposure to flammable atmospheres.
Exposure to hazards of this nature can lead to serious injuries involving permanent disability, death, or chronic irreversible illness.
The following additional correction documentation is required for this violation:
Please send proof of calibrated gas monitoring equipment and updated blower fan that is approved for use in potentially flammable atmospheres.
Violation 2 Item 2 Violation
Type: Serious; $2,100
WAC 296-24-47505(16)
The employer is required to properly train personnel performing installation, removal, operation, and maintenance work on liquid petroleum gas systems.
The employer did not ensure that personnel performing installation, removal, operation, and maintenance work on the storage and handling of liquefied petroleum gases (LPG) are properly trained per industry recognized standards pursuant with NFPA 58, which requires initial training, refresher training every 3 years, and training documentation.
Exposure to hazards of this nature can lead to serious injuries involving permanent disability, death, or chronic irreversible illness.
The following additional correction documentation is required for this violation:
Provide and document training to your employees pursuant to industry-recognized standards outlined in NFPA 58.
Below is a summary of the NFPA 58 training requirements you must fulfill to be in compliance:
NFPA 58: Liquefied Petroleum Gas Code – 2014 Edition is the industry benchmark for safe LP-Gas storage, handling, transportation, and use. NFPA 58 mitigates risks and ensures safe installations, to prevent failures, leaks, and tampering that could lead to fires and explosions.
NFPA 58 – 2014 Edition Section 4.4.2 requires that persons who perform maintenance on LP-Gas systems shall be trained in the hazards of the system and in the maintenance and testing procedures applicable to the installation).
NFPA 58 – 2014 Edition Section 4.4.3 requires that refresher training shall be provided at least every 3 years.
NFPA 58 – 2014 Edition Section 4.4.4 requires that initial and subsequent refresher training shall be documented.
Violation 2 Item 3
Violation Type: Serious; $900
WAC 296-809-30002(1)
The employer is required to have a written confined space program that contains all the key elements.
The employer did not have a written confined space program that included ways on how to identify and evaluate hazards, how to prevent unauthorized entry, and how to coordinate entry with another employer.
Exposure to hazards of this nature can lead to serious injuries involving permanent disability, death, or chronic irreversible illness.
The following additional correction documentation is required for this violation:
Please update your confined space written program to include all key elements. You must develop a written program before employees enter confined spaces that describes the means, procedures, and practices you use for the safe entry of permit-required confined spaces as required by this chapter.
Include the following:
(1) How to identify and evaluate hazards.
(2) How to prevent unauthorized entry.
(3) How to coordinate entry with another employer.
Violation 3 Item 1
Violation Type: General; $0.00
WAC 296-809-40004(2)
Employers are required to certify employee proficiency in confined space training and create a confined space training certification that includes each employee’s name, the trainer’s signature, and the dates of training.
The employer does not have employee training records to certify proficiency for confined space work.
The following additional correction documentation is required for this violation: Employer must keep records of
employee confined space training.
Please send records of employee confined space training to: [email protected] and [email protected].
This employer has been identified as a Severe Violator Enforcement case under the Washington State Department of Labor & Industries Division of Occupational Safety & Health’s (DOSH), Severe Violator Enforcement Program (SVEP). Your company will be subject to follow-up inspections to determine if the conditions cited here still exist in the future. Follow-up inspections of this company will continue at a heightened level until the
Department is satisfied that the conditions no longer exist.