At 1:00 p.m. on May 25, 2021, Employee #1 and Employee #2 were conducting maintenance work on a pump above a leachate vault. A coworker dropped a cellphone inside the vault and left to look for a tool to retrieve the cellphone. Employee #1 and Employee #2 entered the vault to retrieve the phone and were overcome by methane and hydrogen sulfide gases and were killed.
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Violation Summary
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|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Total | |
| Initial Violations | 8 | 8 | |||
| Current Violations | 8 | 8 | |||
| Initial Penalty | $61,384 | $0 | $0 | $0 | $61,384 |
| Current Penalty | $61,384 | $0 | $0 | $0 | $61,384 |
| Violation Items | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Fta$ | Contest | LastEvent |
| 1. | 01001 | Serious |
1910.132(d)(2) The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment. |
11/23/2021 | 12/20/2021 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 2. | 01002A | Serious |
1910.134(c)(1) In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. |
11/23/2021 | 01/12/2022 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 3. | 01002B | Serious |
1910.134(d)(1)(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. |
11/23/2021 | 12/20/2021 | $0 | $0 | $0 | 12/21/2021 | C – Contested |
| 4. | 01003 | Serious |
1910.146(c)(1) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces. |
11/23/2021 | 12/20/2021 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 5. | 01004 | Serious |
1910.146(c)(2) If the workplace contains permit spaces, the employer shall inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces. |
11/23/2021 | 12/20/2021 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 6. | 01005 | Serious |
1910.146(c)(3) If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with paragraphs (c)(1), (c)(2), (c)(6), and (c)(8) of this section. |
11/23/2021 | 12/20/2021 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 7. | 01006A | Serious | 19100146 D | 11/23/2021 | 01/12/2022 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 8. | 01006B | Serious |
1910.146(d)(2) Identify and evaluate the hazards of permit spaces before employees enter them; |
11/23/2021 | 12/20/2021 | $0 | $0 | $0 | 12/21/2021 | C – Contested |
| 9. | 01006C | Serious |
1910.146(d)(4) Provide the following equipment (specified in paragraphs (d)(4)(i) through (d)(4)(ix) of this section) at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly: |
11/23/2021 | 12/20/2021 | $0 | $0 | $0 | 12/21/2021 | C – Contested |
| 10. | 01007 | Serious |
1910.146(g)(1) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section. |
11/23/2021 | 12/20/2021 | $7,912 | $7,912 | $0 | 12/21/2021 | C – Contested |
| 11. | 01008A | Serious |
1910.1200(e)(1) Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) of this section for labels and other forms of warning, safety data sheets, and employee information and training will be met, and which also includes the following: |
11/23/2021 | 01/12/2022 | $6,000 | $6,000 | $0 | 12/21/2021 | C – Contested |
| 12. | 01008B | Serious |
1910.1200(h)(1) Employers shall 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 is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets. |
11/23/2021 | 12/20/2021 | $0 | $0 | $0 | 12/21/2021 | C – Contested |
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