Failure of the Entry Supervisor to “verify rescue services are available” leads to an OSHA Willful Citation of $126,749 (Railcar & $204K)

1910.106(e)(2)(ii)

“Containers.” flammable liquids shall be stored in tanks or closed containers.

1910.134(d)(1)(iii)

The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification of the contaminant’s chemical state and physical form. Where the employer cannot identify or reasonably estimate the employee exposure, the employer shall consider the atmosphere to be IDLH.

1910.146(d)(5)(ii)

Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during the course of entry operations; and

1910.146(e)(6)

The employer shall retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by paragraph (d)(14) of this section. Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made.

1910.151(b)

In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.

1910.1020(d)(1)(ii)

“Employee exposure records.” Each employee exposure record shall be preserved and maintained for at least thirty (30) years, except that:

1910.1200(f)(6)

Workplace labeling. Except as provided in paragraphs (f)(7) and (f)(8) of this section, the employer shall ensure that each container of hazardous chemicals in the workplace is labeled, tagged or marked with either:

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.

1910.146(j)(4)

Verifies that rescue services are available and that the means for summoning them are operable;

1910.146(k)(1)(i)

Evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;