OSHA has cited two companies following an employee’s death at a refining facility. The contractor and the facility collectively face over $106,000 in penalties after the contractor’s employee suffocated to death when he lost his air supply while on the job in a confined space at the facility. OSHA cited the industrial contractor for failing to ensure personnel outside the permit-required confined space were capable of providing effective rescue, for allowing an employee to enter the permit-required confined space with insufficient lighting equipment, and for assigning members of the rescue team other duties that prevented them from responding to an emergency event.
OSHA cited both the contractor and the facility for failing to ensure that the confined space entry permits identified all dangers of the space, as well as document that all the steps required to ensure the employee’s safety in a confined space were completed.
OSHA cited the facility for failing to ensure, through periodic evaluations, that the contractor fulfilled their obligations as specified in the Process Safety Management standard
Here is a breakdown of the citations:
Contractor’s Citations
Citation 1 Item 1
Type of Violation: Serious; $13,260
29 CFR 1910.146(d)(4)(v): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency was provided:
(a) On or about March 26, 2019 – Facility, the employer allowed an employee to enter a permit-required confined space with lighting provided from the manhole opening and light at the bottom of the space.
Citation 1 Item 2
Type of Violation: Serious; $13,260
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:
(a) On or about March 26, 2019 – Facility, the employer failed to ensure the confined space entry permits documented the completion of all of the measures required by the standard.
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(f)(7): The entry permit that documented compliance and authorized entry to a permit space did not identify the hazards of the permit space to be entered:
(a) On or about March 26, 2019 – Facility, the employer failed to ensure the confined space entry permits identified all the hazards of the permit space to be entered.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1910.146(f)(11): The entry permit that documented compliance and authorized entry to a permit space did not identify the rescue and emergency services to be summoned and the means for summoning those services:
(a) On or about March 26, 2019 – Facility, the employer failed to ensure the confined space entry permits identified the rescue services to be summoned and the means for summoning services.
Citation 1 Item 3c
Type of Violation; Serious
29 CFR 1910.146(f)(13): The entry permit that documented compliance and authorized entry to a permit space did not identify equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment:
(a) On or about March 26, 2019 – Facility, the employer failed to ensure the confined space entry permits identified the rescue equipment to be provided.
Citation 1 Item 4
Type of Violation: Serious; $13,260
29 CFR 1910.146(k)(1)(iii)(A): The employer who designated rescue and emergency services, pursuant to paragraph (d)(9) of this section, did not select a rescue team or service from those evaluated that had the capability to reach the victim(s) within a time frame that was appropriate for the permit space hazard(s) identified:
(a) On or about March 26, 2019 – Facility, rescue team members were assigned other duties preventing them from responding to an emergency rescue event in a timely manner.
Citation 1 Item 5
Type of Violation: Serious; $13,260
29 CFR 1910.146(k)(2)(ii): Affected employees were not trained to perform assigned rescue duties.
The employer did not ensure that such employees had successfully completed the training required to establish proficiency as an authorized entrant, as provided by paragraphs (g) and (h) of this section:
(a) On or about March 26, 2019 – Facility, the employer failed to train the affected employees to perform assigned rescue duties.
Citation 3 Item 1
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.146(e)(2): Before entry began, the entry supervisor identified on the permit did not sign the entry permit to authorize entry:
(a) On or about March 26, 2019 – Facility, the employer failed to ensure the correct entry supervisor was identified and signed the permit prior to confined space entry.
Citation 3 Item 2
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.146(g)(4): The employer did not certify that the training required by 29 CFR 1910.146(g)(1) through 29 CFR l 910.146(g)(3) had been accomplished:
(a) On or about March 26, 2019 – Facility, the employer failed to certify training provided to employees performing duties such as, but not limited to, entrant and attendant.
CLICK HERE for the Contractor’s Citations
Refinery’s Citations
Citation 1 Item 1
Type of Violation: Serious; $13,260
29 CFR 1910.119(h)(2)(v) : The employer did not periodically evaluate the performance of contract employers to ensure they are fulfilling their obligations as specified in 29 CFR 1910.119(h)(3):
(a) On or about March 26, 2019 – Facility, the employer failed to ensure, through periodic evaluations, that Turner Specialty Services employees were trained to safely perform confined space entries. (b) On or about March 26, 2019 – Facility, the ·employer failed to ensure, through periodic evaluations, that Turner Specialty Services prepared a record, which contained the identity of the employee, the date of their training, and the means used to verify that the employee understood the training.
Citation 1 Item 2
Type of Violation: Serious; $13,260
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:
(a) On or about March 26, 2019 – Facility, the host employer failed to ensure its confined space entry permits documented the completion of all of the measures required by the standard prior to entry by other employers such as, but not limited to, XXXXXXXXXXXXX. 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(f)(7): The entry permit that documented compliance and authorized entry to a permit space did not identify the hazards of the permit space to be entered:
(a) On or about March 26, 2019 – Facility, the host employer failed to ensure its confined space entry permits identified all the hazards of the permit space to be entered by other employers such as, but not limited to, XXXXXXXXXXXXX.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1910.146(f)(11): The entry permit that documented compliance and authorized entry to a permit space did not identify the rescue and emergency services to be summoned and the means for summoning those services:
(a) On or about March 26, 2019 – Facility, the host employer failed to ensure that its confined space entry permits identifies the rescue services to be summoned and the means for summoning services prior to entry by other employers, such as, but not limited to, XXXXXXXXXXXXXXX.
Citation 1 Item 3c
Type of Violation: Serious
29 CFR 1910.146(f)(13): The entry permit that documented compliance and authorized entry to a permit space did not identify equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment:
(a) On or about March 26, 2019 – Facility, the host employer failed to ensure its confined space entry permits identified the rescue equipment to be provided for/by other employers such as, but not limited to, XXXXXXXXXXXXX.
CLICK HERE for the Refinery’s Citations
