This case is a perfect example of how OSHA will use the newer Construction Confined Space Standard in a general industry workplace based on the actual work being performed.
At 3:30 p.m. on May 3, 2017, Employee #1 was spray coating the inside of a 6 foot by 23-foot stainless steel tank, using Plasite 7133, a Category 2 flammable liquid (Flash point < 23°C (73.4°F) and initial boiling point > 35°C (95°F).
A flash fire occurred when the employee brought a light into the Permit-Required Confined Space. Employee #1 sustained burns on his forehead, arms, chest, abdomen, and back. He was hospitalized for his injuries until July 14, 2018, when he died.
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Violation Summary
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|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Total | |
| Initial Violations | 10 | 10 | |||
| Current Violations | 10 | 10 | |||
| Initial Penalty | $27,100 | $0 | $0 | $0 | $27,100 |
| Current Penalty | $27,100 | $0 | $0 | $0 | $27,100 |
| Violation Items | |||||||
|---|---|---|---|---|---|---|---|
| ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Contest |
| 01001A | Serious |
19100134 C01 I – Procedures for selecting respirators for use in the workplace; |
01/16/2019 | 02/21/2019 | $800 | $800 | 02/07/2019 |
| 01001B | Serious |
19100134 D01 I – The employer shall select and provide an appropriate respirator based on the respiratory hazard(s) to which the worker is exposed and workplace and user factors that affect respirator performance and reliability. |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01001C | Serious |
19100134 D01 III – The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant’s chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH. |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01001D | Serious |
19100134 D02 I – The employer shall provide the following respirators for employee use in IDLH atmospheres: |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01001E | Serious |
19100134 F02 – The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style, model or make) is used, and at least annually thereafter. |
01/16/2019 | $0 | $0 | 02/07/2019 | |
| 01002 | Serious |
19261204 B – Identify and evaluate the hazards of permit spaces before employees enter them; |
01/16/2019 | 02/21/2019 | $4,000 | $4,000 | 02/07/2019 |
| 01003A | Serious | 19261204 C01 – Specifying acceptable entry conditions; | 01/16/2019 | 02/21/2019 | $4,000 | $4,000 | 02/07/2019 |
| 01003B | Serious | 19261204 C04 –
Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards; |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01003C | Serious |
19261204 C07 – 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 |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01004 | Serious |
19261204 D05 – Lighting equipment that meets the minimum illumination requirements in § 1926.56, that is approved for the ignitable or combustible properties of the specific gas, vapor, dust, or fiber that will be present, and that is sufficient to enable employees to see well enough to work safely and to exit the space quickly in an emergency; |
01/16/2019 | 02/21/2019 | $4,000 | $4,000 | 02/07/2019 |
| 01005 | Serious |
19261204 E02 – Continuously monitor atmospheric hazards unless the employer can demonstrate that the equipment for continuously monitoring a hazard is not commercially available or that periodic monitoring is of sufficient frequency to ensure that the atmospheric hazard is being controlled at safe levels. If continuous monitoring is not used, periodic monitoring is required with sufficient frequency to ensure that acceptable entry conditions are being maintained during the course of entry operations; |
01/16/2019 | 02/21/2019 | $4,000 | $4,000 | 02/07/2019 |
| 01006 | Serious |
19261205 F – The entry employer must retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by § 1926.1204(n). Any problems encountered during an entry operation must be noted on the pertinent permit so that appropriate revisions to the permit space program can be made. |
01/16/2019 | 02/21/2019 | $800 | $800 | 02/07/2019 |
| 01007A | Serious |
19261206 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; |
01/16/2019 | 02/21/2019 | $800 | $800 | 02/07/2019 |
| 01007B | Serious |
19261206 E – Means of detecting an increase in atmospheric hazard levels in the event the ventilation system stops working; |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01007C | Serious |
19261206 H – The hazards of the permit space to be entered; |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01007D | Serious | 19261206 J – The acceptable entry conditions; | 01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01007E | Serious |
19261206 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; |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01007F | Serious |
19261206 M – The communication procedures used by authorized entrants and attendants to maintain contact during the entry; |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01007G | Serious |
19261206 N – Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this standard; |
01/16/2019 | 02/21/2019 | $0 | $0 | 02/07/2019 |
| 01008 | Serious |
19261207 C – The training must establish employee proficiency in the duties required by this standard and must introduce new or revised procedures, as necessary, for compliance with this standard. |
01/16/2019 | 02/21/2019 | $4,000 | $4,000 | 02/07/2019 |
| 01009 | Serious |
19261210 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; |
01/16/2019 | 02/21/2019 | $4,000 | $4,000 | 02/07/2019 |
| 01010 | Serious |
19261211 C01 – Each authorized entrant must use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets or anklets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets or anklets is the safest and most effective alternative. |
01/16/2019 | 02/21/2019 | $700 | $700 | 02/07/2019 |

