A worker at a water technology company suffered an injury when a guardrail loosened and he fell and struck his head on a support beam as he lowered himself into a nearly 30-foot deep water test pit. OSHA received the report of the injury on Oct. 29, 2020. Its inspectors later determined that the company exposed employees to walking-working surfaces hazards, failed to provide employees with fall protection before they entered a 100 by 24-foot water-testing pit and failed to follow specific permit-required confined spaces safety procedures prior to entering the water test pits. OSHA proposed penalties of $234,054 for one willful and eight serious safety violations.
Citation 1 Item 1
Type of Violation: Serious; $9,753
29 CFR 1910.28(b)(1)(i): Except as provided elsewhere in this section 29 CFR 1910.28, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the systems described in 29 CFR 1910.28(b)(1)(i):
(a) On or about October 29, 2020, the employer did not ensure fall protection was regularly implemented for employees who work near the perimeter of the water test pit. In addition to water, employees work near or over equipment including, but not limited to, parallels, support I-beams, pumps, and pipes without the use of fall protection, thereby exposing workers fall hazards.
(b) On or about October 28, 2020, the employer did not ensure fall protection was regularly implemented for employees who work near the perimeter of the water test pit. In addition to water, employees work near or over equipment including, but not limited to, parallels, support I-beams, pumps, and pipes without the use of fall protection, thereby exposing workers fall hazards.
Citation 1 Item 2
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(3):Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations:
(a) On or about October 29, 2020, the employer did not ensure entry procedures and practices were completed for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure entry procedures and practices were completed for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(c) On or about October 26, 2020, the employer did not ensure entry procedures and practices were completed for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
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 3a
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(4)(vii):Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at no cost to employees equipment, such as ladders, needed for safe ingress and egress by authorized entrants:
(a) On or about October 29, 2020, the employer did not ensure a means of access such as ladders, was utilized for workers who enter and exit the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards.
(b) On or about October 28, 2020, the employer did not ensure a means of access, such as ladders, was utilized for workers who enter and exit the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1910.22(c): The employer did not provide, and ensure each employee used, a safe means of access and egress to and from walking-working surfaces:
(a) On or about October 29, 2020, the employer did not ensure a means of access was utilized for workers who enter and exit the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure a means of access was utilized for workers who enter and exit the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
Citation 1 Item 4
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide, at no cost to the employees, rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9):
(a) On or about October 29, 2020, the employer did not ensure rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9) was provided for employees engaged in work operations while in the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9) was provided for employees engaged in work operations while in the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(c) On or about October 26, 2020, the employer did not ensure rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9) was provided for employees engaged in work operations while in the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
Citation 1 Item 5
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(6): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:
(a) On or about October 29, 2020, the employer did not ensure an attendant was provided for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure an attendant was provided for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(c) On or about October 26, 2020, the employer did not ensure an attendant was provided for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
Citation 1 Item 6
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations and identify the duties of each such employee:
(a) On or about October 29, 2020, the employer did not ensure persons were designated with active roles in entry operations and duties of each employee. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure persons were designated with active roles in entry operations and duties of each employee. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(c) On or about October 26, 2020, the employer did not ensure persons were designated with active roles in entry operations and duties of each employee. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
Citation 1 Item 7
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(9): The employer did not 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/or for preventing unauthorized entry.
(a) On or about October 29, 2020, the employer did not ensure procedures for summoning rescue and emergency services, rescuing entrants from permit spaces, providing necessary emergency services to rescued employees, and preventing unauthorized entry was implemented for employees engaged in work operations while in the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure procedures for summoning rescue and emergency services, rescuing entrants from permit spaces, providing necessary emergency services to rescued employees, and preventing unauthorized entry was implemented for employees engaged in work operations while in the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(c) On or about October 26, 2020, the employer did not ensure procedures for summoning rescue and emergency services, rescuing entrants from permit spaces, providing necessary emergency services to rescued employees, and preventing unauthorized entry was implemented for employees engaged in work operations while in the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
Citation 1 Item 8
Type of Violation: Serious; $5,851
29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
(a) On or about October 29, 2020, the employer did not ensure entry permit documentation was completed for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(b) On or about October 28, 2020, the employer did not ensure entry permit documentation was completed for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
(c) On or about October 26, 2020, the employer did not ensure entry permit documentation was completed for permit-required confined space for workers who enter the water test pit. Workers enter the water test pit to perform work tasks including, but not limited to, taking measurements and assembly and disassembly on pump and piping equipment, thereby exposing workers to fall hazards, struck-by hazards, entanglement hazards, and engulfment hazards.
Citation 2 Item 1
Type of Violation: Willful; $136,532
29 CFR 1910.28(b)(6)(ii): The employer did not ensure that each employee 4 feet (1.2 m) or more above dangerous equipment must be protected from falling by one of the systems listed in 29 CFR 1910.28(b)(6)(ii)(A)-(D).
(a) On or about October 29, 2020, the employer did not ensure fall protection equipment was utilized for employees who work over dangerous equipment while inside the water test pit. In addition to water, employees work over equipment including, but not limited to, parallels, support I-beams, pumps, and pipes without the use of fall protection, thereby exposing workers to slip hazards, trip hazards, fall hazards, drowning hazards, and entanglement hazards.
(b) On or about October 28, 2020, the employer did not ensure fall protection equipment was utilized for employees who work over dangerous equipment while inside the water test pit. In addition to water, employees work over equipment including, but not limited to, parallels, support I-beams, pumps, and pipes without the use of fall protection, thereby exposing workers to slip hazards, trip hazards, fall hazards, drowning hazards, and entanglement hazards.
(c) On or about October 26, 2020, the employer did not ensure fall protection equipment was utilized for employees who work over dangerous equipment while inside the water test pit. In addition to water, employees work over equipment including, but not limited to, parallels, support I-beams, pumps, and pipes without the use of fall protection, thereby exposing workers to slip hazards, trip hazards, fall hazards, drowning hazards, and entanglement hazards.
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