The company specializes in the cleaning of gasoline and gasoline tanks for gasoline retailers. On December 30 and 31, 2014, OSHA’s Compliance Officer (CSHO) conducted an inspection following a fatal accident at that worksite. An employee died after being found unresponsive at the bottom of a well containing a submersible turbine pump (STP) at a retail store under construction. Based upon the CSHO’s inspection, the Secretary of Labor, on May 14, 2015, issued a Citation and Notification of Penalty with three items (with subparts) alleging serious violations of 29 C.F.R. § 1910.23(a)(6) for failure to guard an open manhole; various subparts of § 1910.134 for deficiencies in its respirator program; and various subparts of § 1910.146 for failure to protect its employees from hazards associated with confined spaces. The Secretary proposed a total penalty of $13,600.00 for the Citation. Company timely contested the Citation. All of the violations are at issue.
