Fatal Flash Fire inside PRCS (Construction PRCS)

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.

Violation Summary
  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

 

SOURCE

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