OSHA has cited an asphalt paving contractor after an employee suffered fatal injuries after being pulled into an unguarded slat/drag conveyor at the company’s North Platte, Nebraska, asphalt plant. OSHA proposed penalties totaling $89,032. OSHA cited the company for seven serious violations of
- machine guarding,
- lockout/tagout and
- permit-required confined space standards, including failing to develop a confined space entry program; issue safety permits; test atmospheric conditions; and provide air testing and monitoring equipment
Citation 1 Item 1
Type of Violation: Serious; $9,472 29
CFR 1910.29(b)(13): When guardrail systems are used around holes that serve as points of access (such as ladderways), the guardrail system opening did not meet the requirements (b)(13)(i) or (b)(13)(ii) of this section:
Portable Hot Mix Asphalt Plant – Employer is failing to ensure that the guardrail system opening, around the ladderway point of access for the Double Barrel Drum Mixer platform, was guarded by a self-closing swinging gate or by being offset. Employees access the platform to open and enter the hatch for the Double Barrel Drum Mixer. Employees were last exposed to this hazard on or about November 6, 2018.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $13,260
29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:
Portable Hot Mix Asphalt Plant – Employer is failing to develop and implement a written permit-required confined space entry program for employee entry into permit spaces in the following:
A) Employees entered the Double Barrel Drum Mixer to spray clean the burner nozzle and/or to perform maintenance. This hazard last occurred on or about November 6, 2018.
B) Employees entered the Baghouse through bottom hatches to look for tears in the bags for replacement. This hazard last occurred in September 2018.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
Portable Hot Mix Asphalt Plant – Employer is failing to document the requirements of the standard by completing a confined space entry permit before authorized entry:
A) Employees entered the Double Barrel Drum Mixer to spray clean the burner nozzle and/or to perform maintenance and permit-required confined space entry permit(s) were not completed and documented. This hazard last occurred on or about November 6, 2018.
B) Employees entered the Baghouse through bottom hatches to look for tears in the bags for replacement and permit-required confined space entry permit(s) were not completed and documented. This hazard last occurred in September 2018.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 3a
Type of Violation: Serious; $13,260
29 CFR 1910.146(d)(4): The employer did not pro vide the equipment specified in paragraphs (d)(4)(i) – (d)(4)(ix) of this section to employees and did not ensure that employees use that equipment properly.
Portable Hot Mix Asphalt Plant – Employer is failing to provide the proper permit required confined space entry equipment including , but not limited to air testing/monitoring equipment and rescue equipment.
A) Employees entered the Double Barrel Drum Mixer to spray clean the burner nozzle and/or to perform maintenance without air monitoring and rescue equipment available. This hazard last occurred on or about November 6, 2018.
B) Employees entered the Baghouse through bottom hatches to look for tears in the bags for replacement without air monitoring and rescue equipment available. This hazard last occurred in September 2018.
Citation 1 Item 3b
Type of Violation: Serious; Grouped
29 CFR 1910.146(d)(5)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine air quality.
Portable Hot Mix Asphalt Plant – Employer is failing to ensure that atmospheric conditions were suitable for employee entry by conducting air monitoring.
A) Employees entered the Double Barrel Drum Mixer to spray clean the burner nozzle and/or to perform maintenance without testing the atmospheric conditions before and during entry. This hazard last occurred on or about November 6, 2018.
B) Employees entered the Baghouse through bottom hatches to look for tears in the bags for replacement without testing the atmospheric conditions before and during entry. This hazard last occurred in September 2018.
Citation 1 Item 4
Type of Violation: Serious; $13,260
29 CFR 1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations, identify the duties of each such employee , and did not provide each such employee with the training required by paragraph (g) of this section.
Portable Hot Mix Asphalt Plant – Employer is failing to designate the active roles in entry operations including entrants, attendants, supervisors, and provide the required training.
A) Employees entered the Double Barrel Drum Mixer to spray clean the burner nozzle and/or to perform maintenance without designated attendants and supervisors with the proper training. This hazard last occurred on or about November 6, 2018.
B) Employees entered the Baghouse through bottom hatches to look for tears in the bags for replacement without testing the atmospheric conditions before and during entry. This hazard last occurred in September 2018.
Citation 1 Item 5
Type of Violation: Serious; $13,260
29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:
Portable Hot Mix Asphalt Plant: The employer is failing to establish a lockout/tag -out program that complies with the standard that includes equipment specific energy control procedures, employee training, and periodic inspections before servicing and/or maintenance on asphalt plant equipment. Instance include but are not limited to:
A) Double Barrel Drum Mixer, last occurred on or about November 6, 2018
B) Baghouse last occurred on or about November 6, 2018
C) Slat/Drag Conveyor last occurred on or about November 6, 2018, during servicing on the Double Barrel Drum Mixer.
Citation 1 Item 6
Type of Violation: Serious; $13,260
29 CFR 1910.147(f)(3)(ii)(D): Each authorized employee did not affix a personal lockout or tagout device to the group lockout device before working on the machine or equipment:
Portable Hot Mix Asphalt Plant – The employer is failing to ensure that each employee affixes a personal lockout or tagout device before servicing and/or maintenance on asphalt plant equipment including but not limited to:
A) Double Barrel Drum Mixer, last occurred on or about November 6, 2018
B) Baghouse last occurred on or about November 6, 2018
C) Slat/Drag Conveyor last occurred on or about November 6, 2018 during servicing on the Double Barrel Drum Mixer.
Citation 1 Item 7
Type of Violation: Serious; $13,260
29 CFR 1910.212(a)(1): One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:
Portable Hot Mix Asphalt Plant – The employer is failing to provide appropriate machine guarding to protect employees from the hazard of ingoing rotating parts of the inlet chute of the slat/drag conveyor. On or about November 7, 2018, an employee suffered fatal injuries after being pulled into the asphalt chute of the slat/drag conveyor unit.
