UPDATED on 8/8/25 with OSHA Citations (All are being contested)
At approximately 9:34 a.m. on January 10, 2025, an employee, 35, was directed to enter a 23,737-gallon rail tank car containing residues of PCBs and transformer oil to obtain wipe samples of the interior surfaces. The rail tank car was a permit-required confined space. The employee wore a full-face air-purifying respirator, chemical protective suit, boots, and gloves.
Shortly after descending the temporary ladder to the tank bottom, the employee slowed, then fell forward and became unresponsive at the base of the ladder. Prior to entry, the tank car had not been mechanically ventilated, atmospheric monitoring was insufficient and not performed during entry, and non-entry rescue systems were inadequate:
- the tripod lacked a mechanical winch or lifeline, and
- the entrant was not wearing a full-body rescue harness.
Oxygen levels inside the tank were as low as 5%, resulting in fatal asphyxiation.
| Violations/Penalties | Serious | Willful | Repeat | Other | Unclass | Total |
|---|---|---|---|---|---|---|
| Initial Violations | 7 | 3 | 10 | |||
| Current Violations | 7 | 3 | 10 | |||
| Initial Penalty | $106,396 | $496,542 | $0 | $0 | $0 | $602,938 |
| Current Penalty | $106,396 | $496,542 | $0 | $0 | $0 | $602,938 |
| FTA Penalty | $0 | $0 | $0 | $0 | $0 | $0 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Abatement Due Date | Current Penalty | Initial Penalty | FTA Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 19100134 D03 I | 07/08/2025 | 08/01/2025 | $11,823 | $11,823 | $0 | 07/25/2025 | C – Contested | |
| 2. | 01002 | Serious | 19100146 D04 I | 07/08/2025 | 08/01/2025 | $11,823 | $11,823 | $0 | 07/25/2025 | C – Contested | |
| 3. | 01003A | Serious | 19100146 D09 | 07/08/2025 | 08/01/2025 | $16,550 | $16,550 | $0 | 07/25/2025 | C – Contested | |
| 4. | 01003B | Serious | 19100146 J04 | 07/08/2025 | 08/01/2025 | $0 | $0 | $0 | 07/25/2025 | C – Contested | |
| 5. | 01003C | Serious | 19100146 K01 IV | 07/08/2025 | 08/01/2025 | $0 | $0 | $0 | 07/25/2025 | C – Contested | |
| 6. | 01003D | Serious | 19100146 K01 V | 07/08/2025 | 08/01/2025 | $0 | $0 | $0 | 07/25/2025 | C – Contested | |
| 7. | 01004 | Serious | 19100146 E03 | 07/08/2025 | 08/01/2025 | $16,550 | $16,550 | $0 | 07/25/2025 | C – Contested | |
| 8. | 01005A | Serious | 19100146 H01 | 07/08/2025 | 08/01/2025 | $16,550 | $16,550 | $0 | 07/25/2025 | C – Contested | |
| 9. | 01005B | Serious | 19100146 I01 | 07/08/2025 | 08/01/2025 | $0 | $0 | $0 | 07/25/2025 | C – Contested | |
| 10. | 01006 | Serious | 19100146 J02 | 07/08/2025 | 08/01/2025 | $16,550 | $16,550 | $0 | 07/25/2025 | C – Contested | |
| 11. | 01007 | Serious | 19100146 K02 IV | 07/08/2025 | 08/01/2025 | $16,550 | $16,550 | $0 | 07/25/2025 | C – Contested | |
| 12. | 02001 | Willful | 19100146 D03 IV | 07/08/2025 | 08/01/2025 | $165,514 | $165,514 | $0 | 07/25/2025 | C – Contested | |
| 13. | 02002A | Willful | 19100146 D03 VI | 07/08/2025 | 08/01/2025 | $165,514 | $165,514 | $0 | 07/25/2025 | C – Contested | |
| 14. | 02002B | Willful | 19100146 D05 I | 07/08/2025 | 08/01/2025 | $0 | $0 | $0 | 07/25/2025 | C – Contested | |
| 15. | 02002C | Willful | 19100146 D05 II | 07/08/2025 | 08/01/2025 | $0 | $0 | $0 | 07/25/2025 | C – Contested | |
| 16. | 02003 | Willful | 19100146 K03 | 07/08/2025 | 08/01/2025 | $165,514 | $165,514 | $0 | 07/25/2025 | C – Contested |
