OSHA cited a South Florida utility company and related contracting company after the agency’s investigation into the deaths of three workers who succumbed to toxic gases in a manhole on Jan. 16, 2017. A 34-year-old pipe layer entered the manhole – a confined space – and quickly became unresponsive. A 49-year-old laborer entered the hole and attempted to rescue the first employee. After the second employee also became unresponsive, a 24-year-old equipment operator followed to help his fallen coworkers. All three men died. Post-incident atmospheric testing in the manhole revealed lethal levels of hydrogen sulfide and carbon monoxide. Two other employees and a volunteer firefighter were also exposed to the toxic gases in the manhole during rescue attempts but survived.
Here are the citations…
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 1a
Type of Violation: Serious; $12,675
29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:
(Construction Reference: 1926.59)
On January 16th, 2017, and at times prior to, at the above addressed job site, the employer did not implement an effective hazard communication program for a worksite in which employees were exposed to silica containing dust, gasoline and carbon monoxide from the power tools during the cutting of the road surfaces; and hydrogen sulfide and methane when entering manholes.
Citation 1 Item 1b
Type of Violation: Serious; Grouped
29 CFR 191O.1200(g)(1): The employer did not have a safety data sheet in the workplace for each hazardous chemical which they use:
(Construction Reference: 1926.59)(a)
On or about January 16th, 2017, at the above addressed jobsite, the employer did not have safety data sheets for the chemicals such as but not limited to gasoline and Portland Cement that were being used at the worksite, and for chemicals such as carbon monoxide, hydrogen sulfide and methane that were present at worksite.
Citation 1 Item 1c
Type of Violation: Serious; Grouped
29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:
(Construction Reference: 1926.59)
On January 16th, 2017 and at times prior to, at the above addressed job site, the employer did not train employees on the hazards associated with chemicals such as, but not limited to, silica dust, gasoline, carbon monoxide and hydrogen sulfide which they encounter during the cutting of the roadway and the entering of manholes.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $5,432 29 CFR 1926.1203(e)(2)(ii): When entrance covers were removed, the opening was not immediately guarded by a railing, temporary cover, or 29 CFR 1926.1203(e)(2)(ii): When entrance covers were removed, the opening was not immediately guarded by a railing, temporary cover, or
29 CFR 1926.1203(e)(2)(ii): When entrance covers were removed, the opening was not immediately guarded by a railing, temporary cover, or 29 CFR 1926.1203(e)(2)(ii): When entrance covers were removed, the opening was not immediately guarded by a railing, temporary cover, or other temporary barrier that will prevent an accidental fall through the opening and that will protect each employee working in the space from foreign objects entering the space:
On or about January 16th, 2017, at the above worksite, after the manhole cover had been removed the employer did not provide a guard rail around the manhole, exposing employees to a fall hazard.
Citation 1 Item 2b
Type of Violation: Serious; Grouped 29 CFR 1926.1204(c)(6): Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards:
29 CFR 1926.1204(c)(6): Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards:
On or about January 16th, 2017, at the above work site, the employer did not provide vehicle barriers around the work area exposing employees to a struck-by hazard.
Citation 1 Item 3
Type of Violation: Serious; $12,675 29 CFR 1926.1203(e)(2)(iii): The employer did not use a calibrated direct-reading device to test for toxic gases before allowing an employee(s) to enter a confined space.
CFR 1926.1203(e)(2)(iii): The employer did not use a calibrated direct-reading device to test for toxic gases before allowing an employee(s) to enter a confined space.
On or about January 16th, 2017, at the above addressed jobsite, the employer did not use a calibrated direct-reading device to test for toxic gases before permitting employees to enter a manhole thus exposing them to an asphyxiation hazard.
Citation 1 Item 4
Type of Violation: Serious; $12,675 29 CFR 1926.1204(b): The employer did not identify and evaluate the hazards of permit required confined spaces before employees enter them: On or about January 16th, 2017, at the
29 CFR 1926.1204(b): The employer did not identify and evaluate the hazards of permit required confined spaces before employees enter them: On or about January 16th, 2017, at the
On or about January 16th, 2017, at the above addressed work site, the employer did not identify and evaluate the hazards that were in a permit confined space thus exposing them to an asphyxiation hazard. Citation 1 Item 5
Citation 1 Item 5
Type of Violation: Serious; $12,675 29 CFR 1926.1204(c)(4): The employer did not develop and implement the means,
29 CFR 1926.1204(c)(4): The employer did not develop and implement the means, procedures and practices necessary for permit space entry operations, including but not limited to: Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards:
On or about January 16th, 2017, at the above addressed worksite, the employer did not purge or ventilate the confined space before entry exposing employees to an asphyxiation hazard.
Citation 1 Item 6
Type of Violation: Serious; $12,675 29 CFR 1926.1204(d)(1): The employer did not provide and maintain the equipment properly and ensure that each employee uses the -Testing and monitoring equipment needed to comply with paragraph (e) of this section:
29 CFR 1926.1204(d)(1): The employer did not provide and maintain the equipment properly and ensure that each employee uses the -Testing and monitoring equipment needed to comply with paragraph (e) of this section:
On or about January 16th, 2017, at the above addressed work site, the employer did not provide testing and monitoring equipment exposing employees to an asphyxiation hazard in a confined space.
Citation 1 Item 7
Type of Violation: Serious; $12,675 29 CFR 1926.1204(d)(9): The employer did not provide necessary equipment for safe entry into, safe exit from, and rescue from a confined space:
29 CFR 1926.1204(d)(9): The employer did not provide necessary equipment for safe entry into, safe exit from, and rescue from a confined space:
On or about January 16th, 2017, at the above addressed work site, the employer did not provide necessary rescue and emergency equipment for employees that were overcome inside a permit required confined space.
Citation 1 Item 8
Type of Violation: Serious; $12,675 29 CFR 1926.1204(i): The employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue) for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
29 CFR 1926.1204(i): The employer did not develop and implement procedures for summoning rescue and emergency services (including procedures for summoning emergency assistance in the event of a failed non-entry rescue) for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
On or about January 16th, 2017, at the above addressed work site, the employer did not develop and implement procedures for summoning rescue and emergency services, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue, thus exposing employees to an asphyxiation hazard in a confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 9a
Type of Violation: Serious; $12,675 29 CFR 1926.1205(a): Before entry is authorized, each entry employer must document the completion of measures required by 1926.1204(c) by preparing an entry permit:
29 CFR 1926.1205(a): Before entry is authorized, each entry employer must document the completion of measures required by 1926.1204(c) by preparing an entry permit:
On or about January 16th, 2017, at the above addressed worksite, the employer did not create and document the confined space entry permit.
Citation 1 Item 9b
Type of Violation: Serious; $12,675 29 CFR 1926.1205(f): The entry employer did not retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by 1926.1204(n). Any problems encountered during an entry operation must be noted on the pertinent permit so that appropriate revisions to the permit space program can be made:
29 CFR 1926.1205(f): The entry employer did not retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by 1926.1204(n). Any problems encountered during an entry operation must be noted on the pertinent permit so that appropriate revisions to the permit space program can be made:
On or about January 16th, 2017, at the above addressed worksite, the employer did not retain canceled entry permits for at least one year.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 10a
Type of Violation: Serious; $12,675
29 CFR 1926.1207(a): The employer did not provide training to each employee whose work is regulated by this standard, at no cost to the employee, and did not ensure that the employee possessed the understanding, knowledge, and skills necessary for the safe performance of duties assigned under this standard:
On or about January 16th, 2017, at the above addressed work site, the employer had not provided training in the safe performance of their assigned duties in permit required confined spaces thus exposing them to an asphyxiation hazard.
Citation 1 Item 10b
Type of Violation: Serious; Grouped
29 CFR 1926.1207(c):The employer did not provide training to each employee whose work is regulated by the standard. The training must establish employee proficiency in the duties required by this standard and must introduce new or revised procedures, as necessary, for compliance with this standard:
On or about January 16th, 2017, at the above addressed work site, the employer did not ensure employee proficiency required in the duties of their work regarding confined spaces thus exposing them to an asphyxiation hazard inside a manhole.
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