UPDATE 4/29/2017 from OSHA Case File:
At approximately 2:30 p.m. on March 19, 2016, an employee was checking an argon purge inside of a process vessel. The employee was overcome by an oxygen deficient atmosphere and fell 10-feet to the platform below. The employee suffered from possible spinal injury from the fall, and asphyxiation and was killed.
Back in March of this year a major manufacturer of nitrogen and anhydrous ammonia had its second PRCS fatality in a four (4) month span. Both of these incidents, as reported in the Incident Alerts, were construction-related permit-required confined space incidents. NOTE: the first accident happened at their LA facility in December 2015 and resulted in two (2) serious citations for $14,000 and both have been contested. OSHA just now closed out their investigation/inspection on this second fatality (in IA) and initially cited the contractor $203,000 under the relatively new Confined Spaces for Construction; the contractor had seven (7) citations deleted/vacated at their informal meeting so the case stands at 21 citations and $185,000. I am not quite sure why this case did not warrant a press release or why this contractor has not been placed in the SVEP, but none the less here are the citations as they stand today…
CLICK HERE for the news story about this accident
I should point out that the host company where both of these incidents have occurred have not, to my knowledge, been cited for any involvement in these incidents.
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Violation Summary
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|---|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Unclass | Total | |
| Initial Violations | 8 | 8 | ||||
| Current Violations | 1 | 1 | 2 | |||
| Initial Penalty | $203,000 | $203,000 | ||||
| Current Penalty | $185,000 | $185,000 | ||||
| FTA Amount | ||||||
| Violation Items | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Init$ | Fta$ | LastEvent | |
| 1. | 01001A | Serious | 19261204 A | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| Deleted | 2. | 01001B | Serious | 19261204 B | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| 3. | 01001C | Serious | 19261204 C07 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 4. | 01001D | Serious | 19261204 D01 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 5. | 01001E | Serious | 19261204 H | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 6. | 01001F | Serious | 19261205 A | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 7. | 01001G | Serious | 19261206 D | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 8. | 01001H | Serious | 19261208 A | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 9. | 01001I | Serious | 19261209 F01 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 10. | 01001J | Serious | 19261210 B | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| Deleted | 11. | 01008 | Serious | 19261204 E01 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| Deleted | 12. | 01013 | Serious | 19261205 E03 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| Deleted | 13. | 01016 | Serious | 19261206 K | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| Deleted | 14. | 01019 | Serious | 19261207 C | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| Deleted | 15. | 01024 | Serious | 19261209 H01 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| Deleted | 16. | 01026 | Serious | 19261210 C | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | |
| 17. | 02001A | Other | 19261204 D03 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 18. | 02001B | Other | 19261204 D08 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 19. | 02001C | Other | 19261204 I | 07/25/2016 | 08/11/2016 | $7,000 | $0 | I – Informal Settlement | |
| 20. | 02001D | Other | 19261204 L | 07/25/2016 | 08/11/2016 | $7,000 | $0 | I – Informal Settlement | |
| 21. | 02001E | Other | 19261206 F | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 22. | 02001F | Other | 19261206 L | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 23. | 02001G | Other | 19261206 N | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 24. | 02001H | Other | 19261208 B | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 25. | 02001I | Other | 19261209 G | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 26. | 02001J | Other | 19261210 D | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 27. | 02001K | Other | 19261211 C | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
| 28. | 02001L | Other | 19261211 C02 | 07/25/2016 | $7,000 | $0 | I – Informal Settlement | ||
Here are the cited sections of the standard in the order as they appear in the table above:
1926.1204(a) Implement the measures necessary to prevent unauthorized entry;
1926.1204(c)(7) Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry, and ensuring that employees are not allowed to enter into, or remain in, a permit space with a hazardous atmosphere unless the employer can demonstrate that personal protective equipment (PPE) will provide effective protection for each employee in the permit space and provides the appropriate PPE to each employee; and
1926.1204(d)(1) Testing and monitoring equipment needed to comply with paragraph (e) of this section;
1926.1204(h) Designate each person who is to have an active role (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by § 1926.1207;
1926.1205(a) Before entry is authorized, each entry employer must document the completion of measures required by § 1926.1204(c) by preparing an entry permit.
1926.1206(d) The authorized entrants within the permit space, by name or by such other means (for example, through the use of rosters or tracking systems) as will enable the attendant to determine quickly and accurately, for the duration of the permit, which authorized entrants are inside the permit space;
1926.1208(a) Are familiar with and understand the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;
Assesses activities and conditions inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions:
1926.1209(f)(1) If there is a prohibited condition;
1926.1210(b) Verifies, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin;
1926.1204(d)(3) Communications equipment necessary for compliance with §§ 1926.1208(c) and 1926.1209(e), including any necessary electronic communication equipment for attendants assessing entrants’ status in multiple spaces;
1926.1204(d)(8) Rescue and emergency equipment needed to comply with paragraph (i) of this section, except to the extent that the equipment is provided by rescue services; and
1926.1204(i) Develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed nonentry rescue), for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;
1926.1204(l) Develop and implement procedures (such as closing off a permit space and canceling the permit) necessary for concluding the entry after entry operations have been completed;
The entry permit that documents compliance with this section and authorizes entry to a permit space must identify:
1926.1206(f) Each person, by name, currently serving as an attendant;
1926.1206(l) The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services;
1926.1206(n) Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this standard;
1926.1208(b) Properly use equipment as required by §1926.1204(d);
1926.1209(g) Summons rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards;
1926.1210(d) Verifies that rescue services are available and that the means for summoning them are operable, and that the employer will be notified as soon as the services become unavailable;
1926.1211(c) Non-entry rescue is required unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. The employer must designate an entry rescue service whenever non-entry rescue is not selected. Whenever non-entry rescue is selected, the entry employer must ensure that retrieval systems or methods are used whenever an authorized entrant enters a permit space, and must confirm, prior to entry, that emergency assistance would be available in the event that non-entry rescue fails. Retrieval systems must meet the following requirements:
1926.1211(c)(2) The other end of the retrieval line must be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device must be available to retrieve personnel from vertical type permit spaces more than 5 feet (1.52 meters) deep.
CLICK HERE for the case file

