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

