ME-OSHA issued two (2) Willfuls and six (6) serious citations to the Fire Department regarding the Sept. 16, 2019 explosion that killed a Captain in a propane explosion. The citations include up to $22,000 in potential fines for the town relating to violations of equipment and training standards.
Here is a breakdown of the citations:
Citation 1 Item 1
Type of Violation: Willful-Serious; $8,500
29 CFR 191O.120(q)(6)(ii): First responders at the operational level did not receive at least eight hours of training or did not have sufficient experience to objectively demonstrate competency in the areas required by 29 CFR 191O.120(q)(6)(ii)(A) through (q)(6)(ii)(F) and/or the employer did not so certify.
Employees of the Town of Farmington Fire Department were exposed to a propane explosion hazard when responding to 313 Farmington Falls Road in Farmington, Maine for the smell of propane inside the building. During the investigation, employees performed hazardous materials operation level duties without required annual training.
Acceptable and feasible methods to correct the conditions include but are not limited to: Annually training employees on hazardous material at the level of their response.
Citation 1 Item 2
Type of Violation: Willful-Serious; $8,500
T.26Ch.28§2103(I): Protective equipment. The employer did not ensure all firefighters used protective equipment when exposed to hazards in the work environment where firefighters were likely to be exposed. Protective equipment must consist of NFPA approved (1987 Standard or later) protective clothing such as: pants, coat, hood, helmet ensemble including eye and face protection, foot protection, hand protection, and a self-contained breathing apparatus (SCBA).
Firefighters did not don a self-contained breathing apparatus prior to entering an immediately dangerous to life and health (IDLH) atmosphere, multiple firefighters did not don gloves and hoods, they did not deploy chin straps on helmets or place helmet ear flaps down to cover skin, they also did not zip their bunker coat closed prior to entering the building.
Additionally, the Incident Commander was located inside the building without any protective equipment such as coat, pants, gloves, helmet, hood, boots and/or SCBA.
Acceptable and feasible methods to correct the conditions include but are not limited to: Retrain all employees on the fire department Standard Operating Manual which identifies when protective gear in to be worn.
Citation 2 Item 1
Type of Violation: Serious; $850
T.26Ch.6561-A: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees by not calibrating multigas detectors per manufactures recommendations.
Expired calibration gas was found in use in for the MSA Sirius Multigas Detector located on Tower 3. The calibration gas expired April 2006. Calibration records and bump testing prior to use records for the MSA Sirius Multigas Detector were not available.
Acceptable and feasible methods to correct the conditions include but are not limited to: Follow manufacturers recommendations for calibration frequency, train employees on calibration, bump testing and fresh air tests, use manufacturers recommended calibration gas that has not expired.
Citation 2 Item 2
Type of Violation: Serious; $850
T.26Ch.6561-A: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees by allowing the Incident Commander functions to be conducted inside a building with a possible propane leak.
At the time of the explosion, the incident commander was conducting overall management of the scene from inside the building where firefighters were investigating a possible propane leak.
Acceptable and feasible methods to correct the conditions include but are not limited to: Retrain all employees on procedures for establishing command, duties of the incident commander and safe locations of a command post.
Citation 2 Item 3
Type of Violation: Serious; $850
T.26Ch.6561-A: The employer did not furnish employment and a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees.
The Incident Commander did not initiate the employer’s accountability system at the beginning of the operation which delayed accountability after the explosion.
Acceptable and feasible methods to correct the conditions include but are not limited to: Retrain all employees on the employer’s accountability system and the proper deployment of the assigned accountability tags on the passport system.
The employer must ensure that the accountability system is being implemented by all members.
Citation 2 Item 4
Type of Violation: Serious; $850
T.26Ch.6561-A: The employer did not furnish employment and a place of employment that was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees by allowing firefighters to use uninspected fire gear during an emergency response in an IDLH atmosphere.
The Town of Farmington Fire Department did not complete annual fire gear inspections per manufactures’ recommendations.
Acceptable and feasible methods to correct the conditions include but are not limited to: Annually inspect all fire gear per manufacturers recommendations.
Citation 2 Item 5
Type of Violation: Serious; $850
T.26Ch.28§2103(1): Protective equipment. The employer did not provide each firefighter with the appropriate equipment to protect them from hazards in the workplace which they are likely to be exposed. Protective clothing did not, at a minimum, meet the National Fire Protection Association (NFPA) standards that were in effect in 1987.
Protective equipment must consist of: Protective clothing, Helmet ensemble, including eye and face protection, Foot protection, Hand protection, Hearing protection, and Self-contained breathing apparatus.
The Town of Farmington Fire Department allowed firefighters to use non-NFPA complaint fire helmets (Cairns N5A New Yorker) when responding on emergency calls and performing firefighting duties.
Acceptable and feasible methods to correct the conditions include but are not limited to: Only allow NFPA compliant helmets (and all other fire gear) to be used by employees when performing firefighting duties.
Citation 2 Item 6
Type of Violation: Serious; $850
T.26Ch.28§2105(1)(B): The employer did not complete weekly inspection of their self-contained breathing apparatus (SCBA), associated components, air supply devices, personal alert safety system devices and warning devices for the full-time fire department as specified by the manufacturers recommendations.
At the time of the inspection the Town of Farmington Fire Department employed full-time firefighters Monday through Friday during the day. During the six months leading up to the September 16, 2019 building explosion SCBA inspections were being conducted monthly.
Acceptable and feasible methods to correct the conditions include but are not limited to: Inspect all self-contained breathing apparatus (SCBA) and all associated components weekly.
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