One Entrant and 3 would-be rescuers with 2 fatalities and 5 hospitalizations ($499K)

At 12:45 a.m. on December 28, 2019, Employee #1 entered a tanker truck that last held Vinyl Acetate Polymer Residue, a hazardous waste material, and became unresponsive while in the tanker. Employee #2 and Employee #3 entered the tank to rescue Employee #1 and also became unresponsive. Employee #4 entered the tank and was able to rescue Employee #2 but exhibited symptoms of chemical exposure. Emergency Services responded and pronounced Employee #1 and Employee #3 dead due to asphyxiation. Five other employees that were involved in rescue attempts were hospitalized due to chemical exposure symptoms.

 

Violation Summary
  Serious Willful Repeat Other Total
Initial Violations 7 1 2   10
Current Violations 7 1 2   10
Initial Penalty $94,323 $134,937 $269,874 $0 $499,134
Current Penalty $94,323 $134,937 $269,874 $0 $499,134

 

Violation Items
# ID Type Standard Issuance Abate Curr$ Init$ Fta$ Contest
1. 01001 Serious

19100134 D01 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.

06/24/2020 07/21/2020 $13,494 $13,494 $0 07/14/2020
2. 01002 Serious

19100134 D01 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.

06/24/2020 07/21/2020 $13,494 $13,494 $0 07/14/2020
3. 01003 Serious

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;

06/24/2020 07/21/2020 $13,494 $13,494 $0 07/14/2020
4. 01004 Serious

19100146 G01 – 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.

06/24/2020 07/21/2020 $13,359 $13,359 $0 07/14/2020
5. 01005 Serious

19100146 G02 III – Whenever there is a change in permit space

operations that presents a hazard about which an employee has

not previously been trained;

06/24/2020 07/21/2020 $13,494 $13,494 $0 07/14/2020
6. 01006 Serious

19100146 K04 – If an injured entrant is exposed to a substance

for which a Material Safety Data Sheet (MSDS) or other similar

written information is required to be kept at the worksite, that

MSDS or written information shall be made available to the

medical facility treating the exposed entrant.

06/24/2020 07/21/2020 $13,494 $13,494 $0 07/14/2020
7. 01007 Serious

19101200 H02 – Properly use equipment as required by paragraph

(d)(4) of this section;

06/24/2020 07/21/2020 $13,494 $13,494 $0 07/14/2020
8. 02001 Willful 19100146 J02 –

Verifies, by checking that the appropriate entries

have been made on the permit, that all tests specified by the permit

\have been conducted and that all procedures and equipment

specified by the permit are in place before endorsing the permit

and allowing entry to begin;

06/24/2020 07/21/2020 $134,937 $134,937 $0 07/14/2020
9. 03001 Repeat

19100146 D09 – 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;

06/24/2020 07/21/2020 $134,937 $134,937 $0 07/14/2020
10. 03002 Repeat

19101200 H03 II – The physical, health, simple asphyxiation,

combustible dust, and pyrophoric gas hazards, as well as

hazards not otherwise classified, of the chemicals in the work area;

06/24/2020 07/21/2020 $134,937 $134,937 $0 07/14/2020

 

 

 

 

CLICK HERE for the OSHA file

 

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