UPDATE from OSHA case file:
At 12:30 p.m. on February 20, 2020, Employee #1, employed by a structural steel fabricator and erector company, was entering a tank to clean it. The tank had a combination of Ecocure II and methyl ethyl ketone (MEK) residues and had been purged with nitrogen. Employee #1 entered the permit-required confined space that contained the residual chemicals and nitrogen to perform the cleaning operations. She was overcome by the oxygen-deficient atmosphere. Employee #2, employed by a chemical distribution company, entered the tank to make a rescue attempt for Employee #1. He was also overcome by the oxygen-deficient atmosphere. Both employees were killed by asphyxiation.
Just this weekend a number of SAFTENG members were discussing what we saw as an increase in PRCS at these transportation tank (tanker trucks and railcars) cleaning businesses. I do not know this as a fact, but it certainly appears that OSHA had the same concerns and this is clearly a wake-up call for the industry. SAFTENG members can clearly see the citations and how methodical this inspection was and how they issued the 17 citations centered around PRCS entries into trailers. Not sure how the citations will stand-up in a legal challenge, but Region V Cleveland Office has certainly made it clear that they have taken off the gloves for this type of business and their PRCS entry practices.
OSHA has issued eleven (11) Willful and six (6) Serious citations totaling $1,565,271 to the employer for issues related to:
- Respiratory Protection
- Permit-Required Confined Spaces
- Hazardous Communications
- Personal Protective Equipment
Citation 1 Item 1
Type of Violation: Serious; $13,494
29 CFR 1910.134(d)(2)(i)(B): The employer did not provide a combination full facepiece pressure-demand supplied-air respirator (SAR) with auxiliary self-contained air supply for employee use in IDLH atmospheres:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer failed to supply an auxiliary self-contained air supply for supplemental use with a full face, supplied-air respirator during cleaning operations inside of chemical trailer tanks potentially containing nitrogen and other unknown contents.
Citation 1 Item 2
Type of Violation: Serious; $13,494
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer failed to provide a medical evaluation to determine an employee’s ability to use a respirator before being required to use a full face, elastomeric respirator while performing cleaning operations inside and outside of chemical trailer tanks.
Citation 1 Item 3
Type of Violation: Serious; $13,494
29 CFR 1910.134(g)(2)(i): Appropriate surveillance was not maintained of work area conditions and degree of employee exposure or stress. When there was a change in the work area conditions or degree of employee exposure or stress that may affect respirator effectiveness, the employer did not reevaluate the continued effectiveness of the respirator:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer failed to evaluate the effectiveness of respirators used while performing cleaning operations inside and outside of chemical trailer tanks. Respirators were attempted to be repaired with tape due to damage from exposure to methyl ethyl ketone.
Citation 1 Item 4
Type of Violation: Serious; $13,494
29 CFR 1910.146(d)(5)(ii): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operation were conducted by testing or monitoring the permit space as necessary to determine if acceptable entry conditions were being maintained during the course of entry operations:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that employees performed periodic or continuous atmospheric testing or monitoring during entries into chemical trailer tanks for cleaning activities.
Citation 1 Item 5
Type of Violation: Serious; $13,494
29 CFR 1910.146(d)(9): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that a complete set of rescue procedures, beyond non-entry rescue, were developed and implemented prior to allowing entries into chemical trailer tanks for cleaning activities. An entry rescue team had not been designated by the employer (either an internally trained rescue team or an outside rescue team) in the event that non-entry rescue procedures were to fail. Documented rescue procedures were limited to reliance on non-entry rescue and calling 911 once the employee(s) had been retrieved from the space. In addition, there were no procedures in place for
preventing unauthorized personnel from attempting a rescue.
Citation 1 Item 6
Type of Violation: Serious; $13,494
29 CFR 1910.1200(f)(6): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with either the information outlined in 29 CFR 1910.146(f)(6)(i) or the information outlined in 29 CFR 1910.146(f)(6)(ii):
On or about February 20, 2020, in the hazardous materials bay (#8), the employer failed to ensure that unlabeled five-gallon buckets, reported to contain mixtures of the residual contents of chemical trailer tanks and cleaning solvents, were labeled with their contents and appropriate health hazard warnings. There were approximately six, unlabeled, five-gallon containers of chemicals placed on a spill containment device.
Citation 2 Item 1
Type of Violation: Willful; $134,937
29 CFR 1910.132(d)(1)(i): Where hazards were present, or likely to be present, the employer did not select, and have each affected employee use, the types of PPE that would protect the affected employee from the hazards identified in the hazard assessment:
The employer does not ensure the use of personal fall arrest systems for each employee accessing the top of each chemical trailer to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that a personal fall arrest system was utilized by the entrant when accessing the tops of chemical trailers #’s 171128, 162166, 162174, 171635, and 1C061 prior to tank entries.
Citation 2 Item 2
Type of Violation: Willful; $134,937
29 CFR 1910.132(d)(1)(i): Where hazards were present, or likely to be present, the employer did not select, and have each affected employee use, the types of PPE that would protect the affected employee from the hazards identified in the hazard assessment:
The employer does not ensure the use of personal fall arrest systems for each employee accessing the top of each chemical trailer to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, in the hazardous materials bay (#8), the employer did not ensure that a personal fall arrest system was utilized by the attendant when accessing the tops of chemical trailers #’s 171128, 162166, 162174, 171635, and 1C061 to assist the entrant during tank entries.
Citation 2 Item 3
Type of Violation: Willful; $134,937
29 CFR 1910.132(d)(1)(i): Where hazards were present, or likely to be present, the employer did not select, and have each affected employee use, the types of PPE that would protect the affected employee from the hazards identified in the hazard assessment:
The employer does not ensure the use of personal fall arrest systems for each employee accessing the top of each chemical trailer to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that a personal fall arrest system was utilized by the sole shareholder when accessing the top of chemical trailer #171128.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 4a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the tank entered by the entrant in chemical trailer #171128, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 4b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the tank of chemical trailer #171128, a permit-required confined space.
Citation 2 Item 4c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the tank entered by the entrant in chemical trailer #171128, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 4d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the tank in chemical trailer #171128, a permit-required confined space.
Citation 2 Item 4e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the tank in chemical trailer #171128, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 5a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the first tank entered by the entrant in chemical trailer #162166, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 5b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the first tank of chemical trailer #162166, a permit-required confined space.
Citation 2 Item 5c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the first tank entered by the entrant in chemical trailer #162166, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 5d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the first tank in chemical trailer #162166, a permit-required confined space.
Citation 2 Item 5e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the first tank in chemical trailer #162166, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 6a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the second tank entered by the entrant in chemical trailer #162166, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 6b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the second tank of chemical trailer #162166, a permit-required confined space.
Citation 2 Item 6c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the second tank entered by the entrant in chemical trailer #162166, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 6d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the second tank in chemical trailer #162166, a permit-required confined space.
Citation 2 Item 6e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the second tank in chemical trailer #162166, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 7a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the first tank entered by the entrant in chemical trailer #162174, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 7b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the first tank of chemical trailer #162174, a permit-required confined space.
Citation 2 Item 7c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the first tank entered by the entrant in chemical trailer #162174, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 7d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the first tank in chemical trailer #162174, a permit-required confined space.
Citation 2 Item 7e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the first tank in chemical trailer #162174, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 8a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the second tank entered by the entrant in chemical trailer #162174, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 8b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the second tank of chemical trailer #162174, a permit-required confined space.
Citation 2 Item 8c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the second tank entered by the entrant in chemical trailer #162174, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 8d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the second tank in chemical trailer #162174, a permit-required confined space.
Citation 2 Item 8e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the second tank in chemical trailer #162174, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 9a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the tank entered by the entrant in chemical trailer #171635, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 9b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the tank of chemical trailer #171635, a permit-required confined space.
Citation 2 Item 9c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the tank entered by the entrant in chemical trailer #171635, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 9d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the tank in chemical trailer #171635, a permit-required confined space.
Citation 2 Item 9e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the tank in chemical trailer #171635, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 10a
Type of Violation: Willful; $134,937
29 CFR 1910.146(d)(3)(iv): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
The employer does not implement means, procedures, and practices to ventilate, and thereby eliminate or control atmospheric hazards, in each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the tank entered by the entrant in chemical trailer #1C061, a permit-required confined space, was ventilated to eliminate or control atmospheric hazards.
Citation 2 Item 10b
Type of Violation: Willful
29 CFR 1910.146(d)(4)(i): Under the permit space program required by 29 CFR 1910.146(c)(4), the employer did not provide testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5), maintain that equipment properly, and ensure that employees used that equipment properly:
The employer does not provide the testing and monitoring equipment necessary to test atmospheric conditions in each chemical trailer tank when its employee(s) enter to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not provide equipment necessary to conduct atmospheric testing and monitoring for entry into the tank of chemical trailer #1C061, a permit-required confined space.
Citation 2 Item 10c
Type of Violation: Willful
29 CFR 1910.146(d)(5)(i): Under the permit 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 if acceptable entry conditions existed before entry was authorized to begin:
The employer does not ensure that each chemical trailer tank entered by its employee(s) to perform cleaning activities is tested to determine if acceptable entry conditions exist prior to entry. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the atmosphere of the tank entered by the entrant in chemical trailer #1C061, a permit-required confined space, was tested to determine acceptable entry conditions prior to entry.
Citation 2 Item 10d
Type of Violation: Willful
29 CFR 1910.146(e)(1): Before entry is authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
The employer does not ensure that an entry permit is prepared, prior to entry, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an entry permit was prepared prior to entry of the tank in chemical trailer #1C061, a permit-required confined space.
Citation 2 Item 10e
Type of Violation: Willful
29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:
The employer does not ensure the use of retrieval systems or methods to facilitate non-entry rescue, for each chemical trailer tank entered by its employee(s) to perform cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that non-entry retrieval systems were utilized for the entry of the tank in chemical trailer #1C061, a permit-required confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 11a
Type of Violation: Willful; $134,937
29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by this section acquired the understanding, knowledge, and skills necessary for the safe performance of duties assigned under 29 CFR 1910.146:
The employer does not provide permit-required confined space training to each of its employee(s) engaged in entry work when performing chemical trailer tank cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that the employee assigned the role of attendant for permit-required confined space entries was provided with the necessary training on the elements of 29 CFR 1910.146(i) [duties of attendants], where chemical trailer tanks were entered for cleaning activities.
Citation 2 Item 11b
Type of Violation: Willful
29 CFR 1910.1200(h)(1): The employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about was introduced into their work area:
The employer does not provide effective information and training on hazardous chemicals to each of its employee(s) exposed to hazardous chemicals associated with chemical trailer tank cleaning activities. This violation was most recently documented as follows:
On or about February 20, 2020, in the hazardous materials bay (#8), the employer did not ensure that an employee performing cleaning tasks and permit-required confined space attendant tasks was provided with the effective information and training on hazardous chemicals in the work area including, but not limited to, the residual chemical contents of chemical trailer tanks, cleaning solvents, nitrogen gas potentially present in chemical trailer tanks, fast-setting concrete mix, and oil dry.
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