At 3:15 p.m. on May 31, 2019, an employee was scraping oil sludge towards the bottom drain of a rail car when coworkers noted the absence of normal working sounds. The coworkers performed an entry rescue and found the employee unresponsive due to anoxia and chemical inhalation. The employee was killed.
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Violation Summary
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|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Total | |
| Initial Violations | 3 | 4 | 7 | ||
| Current Violations | 3 | 4 | 7 | ||
| Initial Penalty | $39,780 | $511,446 | $0 | $0 | $551,226 |
| Current Penalty | $39,780 | $511,446 | $0 | $0 | $551,226 |
| Violation Items | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Fta$ | Contest | |
| 1. | 01001A | Serious |
19100146 E06 – The individual, by name, currently serving as entry supervisor, with a space for the signature or initials of the entry supervisor who originally authorized entry; |
11/25/2019 | 12/16/2019 | $13,260 | $13,260 | $0 | 12/13/2019 | |
| 2. | 01001B | Serious |
19100146 F03 – The date and the authorized duration of the entry permit; |
11/25/2019 | 12/16/2019 | $0 | $0 | $0 | 12/13/2019 | |
| 3. | 01001C | Serious |
19100146 F10 – The results of initial and periodic tests performed under paragraph (d)(5) of this section, accompanied by the names or initials of the testers and by an indication of when the tests were performed; |
11/25/2019 | 12/16/2019 | $0 | $0 | $0 | 12/13/2019 | |
| 4. | 01001D | Serious |
19100146 F11 – 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; |
11/25/2019 | 12/16/2019 | $0 | $0 | $0 | 12/13/2019 | |
| 5. | 01002 | Serious |
19100146 I10 – Performs no duties that might interfere with the attendant’s primary duty to monitor and protect the authorized entrants. |
11/25/2019 | 12/16/2019 | $13,260 | $13,260 | $0 | 12/13/2019 | |
| 6. | 01003 | Serious |
19100146 K02 III – Train affected employees in basic first-aid and cardiopulmonary resuscitation (CPR). The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and CPR is available |
11/25/2019 | 12/16/2019 | $13,260 | $13,260 | $0 | 12/13/2019 | |
| 7. | 02001A | Willful |
19100134 D01 II – The employer shall select a NIOSH- certified respirator. The respirator shall be used in compliance with the conditions of its certification. |
11/25/2019 | 12/16/2019 | $132,598 | $132,598 | $0 | 12/13/2019 | |
| 8. | 02001B | Willful |
19100134 D02 I – The employer shall provide the following respirators for employee use in IDLH atmospheres: |
11/25/2019 | 12/16/2019 | $0 | $0 | $0 | 12/13/2019 | |
| 9. | 02002 | Willful |
19100134 E01 – The employer shall provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace. The employer may discontinue an employee’s medical evaluations when the employee is no longer required to use a respirator. |
11/25/2019 | 12/16/2019 | $113,652 | $113,652 | $0 | 12/13/2019 | |
| 10. | 02003 | Willful |
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. |
11/25/2019 | 12/16/2019 | $132,598 | $132,598 | $0 | 12/13/2019 | |
| 11. | 02004A | Willful |
19100146 D03 IV – Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards; |
11/25/2019 | 12/16/2019 | $132,598 | $132,598 | $0 | 12/13/2019 | |
| 12. | 02004B | Willful |
19100146 D05 I – Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system (such as a sewer), pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working; |
11/25/2019 | 12/16/2019 | $0 | $0 | $0 | 12/13/2019 | |
| 13. | 02004C | Willful |
19100146 D05 II – Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations |
11/25/2019 | 12/16/2019 | $0 | $0 | $0 | 12/13/2019 | |

