OSHA has cited five contractors for safety and health violations after three employees were fatally injured and two others critically injured following an explosion onboard a towboat in Kentucky. The five companies collectively received 55 of violations with proposed penalties totaling $795,254. OSHA cited a ship repair contractor, an insulation contractor, two temporary staffing companies and a blasting and painting contractor. The owner of the boat has been placed in the agency’s Severe Violator Enforcement Program. OSHA’s investigation determined that the explosion occurred when employees were cutting and welding in an atmosphere containing flammable gases. OSHA issued citations for failing to test confined spaces before entry; train workers on confined space entry operations; label chemical containers; exposing employees to asphyxiation, fire, explosion, chemical, trip, and drowning hazards; and allowing hot work/welding to be performed without testing for an explosive atmosphere.
At 9:15 a.m. on January 19, 2018, Employee #1 was using a oxy/fuel gas cutting torch to cut a piece of metal being held by Employee #2. Earlier that morning, , around 7:03 a.m., Employee #1, a fitter, and Employee #2, a welder, boarded the William E Strait, a line haul vessel under repair. They found that the gas line for their cutting torch, which had been left inside the vessel in a room below the deck locker near the bow the day prior, had been turned on and a torch was not connected to the line. Oxygen and propylene flowed into the vessel for an unknown period of time. Employees #1 and 2 reported smelling gas throughout the boat. After turning off the gas, the two employees turned on two ventilation fans to remove the gas from the space, where the hose line was located. One was placed at the top of the stairs on the main deck, blowing into the space, and the second was placed in a port hole above the space, blowing outward. They vented the space for about an hour and a half until they could not smell gas anymore and then started work that involved cutting and welding without having the atmosphere tested. Inside of the room adjacent to where the open end of the gas line was located was an open 2,569 gallon potable water tank that was empty, which was connected, via a 4 inch pipe, to a 5,743 gallon potable water tank that was located in a space between the vessel’s two engines in the lower engine room near the center of the vessel. Propylene and oxygen from the release entered into the forward portable water tank. At 9:16 a.m. Employee #2 was holding metal that Employee #1 was cutting with a cutting torch in front of the open port of the forward potable water tank, when both tanks exploded. Employee #1 suffered burns and trauma to his body, resulting in his death, while Employee #2 sustained burns to his face and arms, trauma to his body, and ruptured ear drums, which he was hospitalized.
Here is a breakdown of the citations:
Barge Company
Citation 1 Item 1
Type of Violation: Serious; $12,934
OSH ACT of 1970 Section (5)(a)(1): 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 in that employees were exposed to hazard of asphyxiation:
(a) During the period January 18, 2018 through January 19, 2018 a carbon monoxide producing propane forced air heater was used in the lower engine room.
Among other methods, one feasible and acceptable abatement method to correct this hazardous condition would be to remove the LP gas heater from the enclosed space and prohibit future use aboard vessels and train all employees about this policy.
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; $8,130
29 CFR 1915.55(f)(3): A hose carrying acetylene, oxygen, natural or manufactured fuel gas, or any gas or substances which may ignite or enter into combustion or be in any way harmful to employees, was not inspected at the beginning of each shift:
(a) On or about January 19, 2018 the employer did not ensure that employees using cutting torch in space below deck locker inspect the hose line supplying oxygen and propylene as required. A section of the hose was on the deck covered with snow and ice.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1915.55(f)(4): Hose which had been subjected to flashback or which showed evidence of severe wear or damage was not tested to twice the normal pressure, but in no case less than 200 psi:
(a) On or about January 19, 2018 gas hose lines in use that were repaired on site by means of splice kits, after being found to have severe wear or damaged , were not tested to 200 psi prior to being placed back in service .
Citation 1 Item 3
Type of Violation: Serious; $8,130
29 CFR 1915.73(d): When employees were exposed to unguarded edges of decks, platforms, flats, or similar flat surfaces, more than 5 feet above a solid surface, the edges were not guarded by adequate guardrails meeting the requirements of29 CFR 1915.71(j)(1) and (2):
(a) During the period January 18, 2017 through January 19, 2018 deck openings around aft end of engines in the upper engine room were not guarded exposing employees to fall hazard of up to 8 feet.
Citation 1 Item 4
Type of Violation: Serious; $8,130
29 CFR 1915.74(c)(2): A safe walkway meeting the requirements of29 CFR 1917.74(a)(7) was not provided to step safely to or from the wharf, float, barge , or river towboat:
(a) On or about January 19, 2018 a ramp was not provided to access the vessel. The William E. Strait was tied to the dock in a manner that would allow it to float away from the dock creating a space of approximately 2 feet that an employee could fall through between the deck and dock.
Citation 1 Item 5
Type of Violation: Serious; $8,130
29 CFR 1915.81(b)(1)(iv): The employer did not place each hose and cord in a location that would prevent injury to employees and damage to the hoses and cords:
(a) On or about January 19, 2018 hoses and cords on walkways were not covered exposing employees to tripping and fall 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 6a
Type of Violation: Serious; $8,130
29 CFR 1915.89(b)(4): Employer’s lockout/tags-plus program did not cover employee information and training in accordance with paragraph (o) of this section as required by 1915.181 (c):
(a) Shipyard – On or about February 1, 2018 the employer’s written energy control program did not address employee information and training.
Citation 1 Item 6b
Type of Violation: Serious; Grouped
29 CFR 1915.89(b)(5): Employer’s lockout/tags-plus program did not cover Incident investigations in accordance with paragraph (p) of this section:
(a) Shipyard – On or about February 1, 2018 the employer’s energy control procedure did not address incident investigations.
Citation 1 Item 6c
Type of Violation: Serious; Grouped
29 CFR 1915.89(b)(6): Employer’s lockout/tags-plus program did not cover program audits in accordance with paragraph (q) of this section:
(a) Shipyard – On or about February 1, 2018 the employer’s energy control program did not address audits.
Citation 1 Item 6d
Type of Violation: Serious; Grouped
29 CFR 1915.89(m)(1): The employer did not establish and implement provisions for the orderly transfer of lockout/tags-plus systems between authorized employees when they were starting and ending their work shifts, or when personnel changes occurred during a work shift, to prevent energization or startup of the machinery, equipment, or system being serviced or the release of hazardous energy:
(a) Shipyard – On or about February 1, 2018 the employer’s written energy control program did not address shift and personnel changes.
Citation 1 Item 7
Type of Violation: Serious; $8,130
29 CFR 1915.89(0)(4): In addition to training authorized employees in the requirements in paragraphs (o)(2) and (o)(3) of this section, the employer did not ensure that each authorized employee was trained in the requirements in paragraph (o)(4)(i) through (o)(4)(ix) section:
(a) Shipyard – On or about February 1, 2018 the employer had not trained authorized employees as required.
Citation 1 Item 8
Type of Violation: Serious; $8,130
29 CFR 1915.89(q)(l): The employer did not conduct an audit of the lockout/tags-plus program and procedures currently in use at least annually to ensure that the procedures and the requirements of this section are being followed and to correct any deficiencies:
(a) Shipyard – On or about February 1, 2018 an audit of the employer’s energy control program and procedures had not been conducted as required.
Citation 1 Item 9
Type of Violation: Serious; $10,163
29 CFR 1915.158(b)(2): On floating vessels under 200 feet in length, at least one 30-inch U.S. Coast Guard approved ring life buoy with line attached were not located at the gangway:
(a) On or about January 19, 2018 a life ring with line attached was not visible and accessible at employee access point.
Citation 1 Item 10
Type of Violation: Serious; $12,934
29 CFR 1915.503(b)(2)(ii): The employer did not make sure that unattended fuel gas and oxygen hose lines or torches were in enclosed spaces for no more than 15 minutes:
During the period January 17, 2018 through January 19, 2018 employee(s) left gas hose lines in enclosed spaces unattended.
Citation 1 Item 11
Type of Violation: Serious; $12,934
29 CFR 1915.503(b)(2)(iv): The employer did not make sure that all disconnected fuel gas and oxygen hose lines were rolled back to the supply manifold or to open air to disconnect the torch, or extended fuel gas and oxygen hose lines were not reconnected at the supply manifold unless the lines were given a positive means of identification when they were first connected and the lines were tested using a drop test or other positive means to ensure the integrity of fuel gas and oxygen burning system:
(a) During the period January 17, 2018 through January 19, 2018 employee disconnected torch from oxygen/propylene gas hose lines in enclosed space and left the gas lines in the enclosed space below the deck locker and the end of shift. On January 19, 20 I 8 the oxygen and propylene for the hose lines was discovered turned on without a torch attached to the line.
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 12a
Type of Violation: Serious; $8,130
29 CFR 1915.508(b)(1): The employer did not ensure all employees were trained on emergency alarm signals, including system discharge and employee evacuation alarms:
(a) Shipyard – On or about January 19, 2018 through February 8, 2018 the employer did not train all employees and temporary employees as required.
Citation 1 Item 12b
Type of Violation: Serious; Grouped
29 CFR 1915.508(b)(2): The employer did not ensure the employees were trained on the primary and secondary evacuation routes in event of fire in the workplace:
(a) Shipyard – During the period January 19, 2018 through February 8, 2018 the employer did not train all employees and all temporary employees as required.
Citation 2 Item 1
Type of Violation: Other-than-Serious; $2,033
29 CFR 1904.40(a): The employer did not provide an authorized government representative the records within the four business hours:
(a) On January 19, 2018 Area Director requested OSHA 300 and 300A’s for 2015. 2017, 2017. On or about February 9, 2018 an email was sent to remind employer representative that the 300A’s were not provided. A third request was made in person for the records on March 14, 2018. The employer representative provided requested records on March 15, 2018.
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; $10,163
29 CFR 1910.1030(c)(1)(iv): The Exposure Control Plan was not reviewed and updated at least annually.
29 CFR 1910.1030(c)(1)(iv) is applicable to shipyard employment by 29 CFR 1915.1030 that incorporates the General Industry requirement
a) Facility: On or about January 19, 2018, and at times prior; the employer exposed employees to bloodbome pathogen hazards by failing to ensure that the written Blood Borne Pathogen Plan to include an Exposure Control Plan was available and updated at least annually.
Citation 1 Item 1b
Type of Violation: Serious; Grouped
29 CFR 1910.1030(f)(1)(i): The employer did not make available the hepatitis B vaccine and vaccination series to all employees who have occupational exposure.
29 CFR 1910.1030(f)(1)(i): is applicable to shipyard employment by 29 CFR 1915.1030 that incorporates the General Industry requirement
a) Facility: On or about January 19, 2018, and at times prior; the employer exposed employee(s) to bloodbome pathogen hazards by failing to make the Hepatitis B vaccine available to employees with a reasonably anticipated exposure to blood or other potentially infectious material.
Citation 1 Item 1c
Type of Violation: Serious; Grouped
29 CFR 1910.1030(g)(2)(ii)(A): The employer did not ensure that training provided to employees with occupational exposure was conducted at the time initial assignment to tasks where occupational exposure may take place. 29 CFR 1910.1030(g)(2)(ii)(A) is applicable to shipyard employment by 29 CFR 1915.1030 that incorporates the General Industry
a) Facility: On or about January 19, 2018, and at times prior; the employer exposed employees to bloodborne pathogen hazards by failing to train employees, with a reasonable anticipated exposure to blood, in the required element of a bloodborne pathogens programs at the time of their initial assignment and annually thereafter.
Citation 1 Item 2
Type of Violation: Serious; $10,163
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, which is applicable to shipyard employment by 29 CFR 1915 .1200 that incorporates the General Industry requirement
a) Facility: On or about January 19, 2018 ; the employer exposed employees to hazards related to chemicals used on site including but not limited to propylene , Propane, Diesel and Paint without training employees in the required elements of the hazard communication standard including those element required under the global harmonization revisions to the standard.
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; $12,934
29 CFR 1915.7(b)(1): The employer did not designate one or more shipyard competent persons.
a) Shipyard: William E Strait- On or about January 19, 2018 the employer allowed employees to enter confined and enclosed spaces to perform work such as but not limited to pulling electrical wire, Plumping, Pipe fitting, arc welding and cutting with a torch without designating a shipyard competent person for the work in accordance with the regulation.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1915.7(b)(2)(i): The employer did not maintain a roster of designated competent persons or a current statement that a Marine Chemist will perform the tests or inspections which require a competent person.
a) On or about January 19, 2018 the employer allowed employees to enter confined and enclosed spaces to perform work such as but not limited to pulling electrical wire, Plumping, Pipe fitting, arc welding and cutting with a torch without maintaining a roster of shipyard competent persons at the site or a current statement that a Marine Chemist will perform the tests or inspections which require a competent person.
Citation 1 Item 3c
Type of Violation: Serious
29 CFR 1915.7(b)(2)(ii): The employer did not make the roster of designated competent persons or the statement that a Marine Chemist will perform the tests or inspections, available to employees, the employee’s representative or the Assistant Secretary.
a) On or about January 19, 2018 the employer allowed employees to enter confined and enclosed spaces to perform work such as but not limited to pulling electrical wire, Plumping, Pipe fitting, arc welding and cutting with a torch and did not provide a roster of shipyard competent persons at the site or a current statement that a Marine Chemist will perform the tests or inspections which require a competent person to the Assistant Secretary upon request.
Citation 1 Item 3d
Type of Violation: Serious
29 CFR 1915.7(c): The employer did not ensure the competent persons had the knowledge and skills described in 1915.7(c)(1) through (7):
a) Shipyard – On or about January 19, 2018 the employer allowed employees to enter confined and enclosed spaces to perform work such as but not limited to pulling electrical wire, Plumping, Pipe fitting, arc welding and cutting with a torch without ensuring the competent person on site had the required skills and knowledge to perform the role as described in I 915.7(c){l) through (7).
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 4a
Type of Violation: Serious; $12,934
29 CFR 1915.12(a)(l)(ii): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were visually inspected and tested by a competent person to determine the atmosphere’s oxygen content prior to initial entry into the space by an employee.
(a) On or about January 19, 2018 the employer required employees to enter spaces to perform work such as but not limited to pulling electrical wire and did not ensure a competent person tested the atmosphere’s of the space to determine the oxygen content prior to initial entry into the space by employees exposing employees to asphyxiation hazards.
Citation 1 Item 4b
Type of Violation: Serious;
29 CFR 1915.12(c)(1)(ii): The employer did not ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that were toxic, corrosive or irritant were tested by a competent person to determine the air concentration of toxics, corrosives , or irritants within the space prior to initial entry by an employee.
(a) lower engine room – On or aboutJanuary 19, 2018 the employer allowed employees to enter spaces to perform work such as but not limited to pulling electrical wire did not ensure a competent person tested to determine air concentration of toxics (Carbon monoxide), corrosives, or irritants (Paint Vapors, Diesel Combustion byproducts) prior to initial entry into the space by employees exposing employees to inhalation hazards.
Citation 1 Item 5
Type of Violation: Serious; $12,934
29 CFR 1915.12(b)(1)(i): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were inspected visually by the competent person to determine the presence of combustible or flammable liquids.
(a) engine room- On or about January 19, 2018 the employer required employees to enter spaces to perform work such as but not limited to pulling electrical wire and did not ensure a competent person visually inspected the spaces for the presence of combustible or flammable liquids prior to initial entry into the space by employees exposing employees to fire and explosion hazards.
Citation 1 Item 6
Type of Violation: Serious; $12,934
29 CFR 1915.12(f): The employer did not ensure that all available information on the hazards, safety rules, and emergency procedures regarding confined and enclosed spaces or other dangerous atmospheres was exchanged with any other employer whose employees may enter the same spaces.
(a) On or about January 19, 2018 the employer allowed contract employees to enter confined and enclosed spaces to perform work such as but not limited to welding, painting, and insulation installation without ensuring that all available information on the hazards, safety rules, and emergency procedures regarding confined and enclosed spaces or other dangerous atmospheres they would encounter was exchanged exposing both site employees and contractors to asphyxiation, fire, and explosion hazards.
Citation 1 Item 7
Type of Violation: Serious; $12,934
29 CFR 1915.14(a)(1)(i): Hot work was performed within, on, or immediately adjacent to spaces that contain or have contained combustible or flammable liquids or gases before those spaces were tested and certified by a Marine Chemist or a U.S. Coast Guard authorized person as “Safe for Hot Work”.
(a) forward portion of the lower hull – On or about January 19, 2018 the employer required employees to perform hot work such as arc welding and cutting with a torch in the space below the deck locker where a flammable gas leak occurred without the space and adjacent spaces being tested and certified by a Marine Chemist or a U.S. Coast Guard authorized person as “Safe for Hot Work.
Citation 2 Item 1
Type of Violation: Willful; $129,336
29 CFR 1915.12(b)(1)(ii): The employer did not ensure that spaces and adjacent spaces· that contain or have contained combustible or flammable liquids or gases were tested by a competent person to determine the concentration of flammable vapors and gases within the space prior to entry by an employee.
(a) lower engine room, on or about January 19, 2018, the employer allowed employees to enter spaces to perform work, such as but not limited to, pulling electrical wire, plumbing , and pipe fitting, where flammable gas was present, filling the space and adjacent spaces, and did not ensure a competent person tested to determine the concentration of flammable vapors and gases prior to initial entry into the space by employees, exposing employees to fire and explosion hazards.
Citation 2 Item 2
Type of Violation: Willful; $129,336
29 CFR 1915.12(d)(1): The employer did not ensure that each employee entering a confined or enclosed space or other areas with dangerous atmospheres was trained to perform all required duties safely.
(a) On or about January 19, 2018, the employer allowed employees to enter confined and enclosed spaces to perform work, such as but not limited to, pulling electrical wire, plumbing , pipe fitting, and arc welding and cutting with a torch, without training the employees on the hazards of confined and enclosed spaces, exposing employees to atmospheric, fire, and explosion hazards.
Citation 2 Item 3
Type of Violation: Willful; $129,336
29 CFR 1915.14(b)(1): Hot work was permitted in dangerous atmospheres before being tested by a competent person and determined to contain no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit.
(a) On or about January 19, 2018 , the employer permitted employees to perform hot work, such as arc welding and cutting with a torch , in an enclosed space with a dangerous atmosphere below the deck locker, where flammable gas was present , without the space being tested to assure it contained no concentrations of flammable vapors equal to or greater than 10 percent of the lower explosive limit, exposing employees to fire and explosion hazards.
Citation 3 Item 1
Type of Violation: Repeat; $50,815
29 CFR 1910.1200(f)(6): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled , tagged or marked with the information specified under paragraphs (f)(6)(i) through (ii) of this section, which is applicable to shipyard employment by 29 CFR 1915.1200 that incorporates the General Industry requirement:
a) Facility Shore side tanks on raised platform: On or about January 19, 2018; the employer exposed employees to fire and explosion hazards from propylene gas stored in tank (a) used on site for cutting steel and did not ensure the container was labeled as to its contents and hazards.
b) Facility Shore side tanks on raised platform: On or about January 19, 2018; the employer exposed employees to fire and explosion hazards from propylene gas stored in tank (b) used on site for cutting steel and did not ensure the container was labeled as to its contents and hazards.
c) On or about January 19, 2018; the employer exposed employees to fire/chemical hazards due to the employer requiring employees to use an unlabeled yellow fuel container used on site to transport diesel/Kerosene and did not ensure the container was labeled as to its contents and hazards.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.1200(f)(6), which was contained in OSHA inspection number 1077699 , citation number 2, item number 5 and was affirmed as a final order on 10/8/2015 , with respect to a workplace located in KY.
Staffing Company
Citation 1 Item 1
Type of Violation: Serious; $4,989
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:
(a) On or about January 19, 2018 employees performed welding, fitting, assembly and other activities where they are exposed to chemical hazards and the employer did not train employees as required.
Insulation Contractor
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; $2,772
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:
a) Facility: On or about January 19, 2018: Employer did not have a written hazard communication program detailing the hazards of chemicals such as but not limited to Diesel fuel, propane, propylene, insulation and adhesives the employees installing insulation aboard the William E Strait were required to work with or around.
Citation 1 Item 1b
Type of Violation: Serious
29 CFR 191O.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.
a) Facility: On or about January 19, 2018; the employer exposed employees to hazards related to chemicals used on site including but not limited to insulation, propylene, Propane , Diesel and Paint without training employees in the required elements of the hazard communication standard including those element required under the global harmonization revisions to the standard.
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; $3,880
29 CFR 1915.7(b)(1): The employer did not designate one or more shipyard competent persons.
a) Shipyard – On or about January 19, 2018 the employer allowed employees to enter confined and enclosed spaces to perform work such as but not limited to installing insulation without designating a shipyard competent person for the work.
Citation 1 Item 2b
Type of Violation: Serious
29 CFR 1915.12(a)(1)(ii): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were visually inspected and tested by a competent person to determine the atmosphere’s oxygen content prior to initial entry into the space by an employee.
(a) On or about January 19, 2018 the employer required employees to enter spaces to perform work such as but not limited installing insulation where a propylene gas leak occμrred filling the space and adjacent spaces and did not ensure a competent person tested the atmosphere’s of the space to determine the oxygen content prior to initial entry into the space by employees exposing employees to asphyxiation hazards.
Citation 1 Item 2c
Type of Violation: Serious
29 CFR 1915.12(b)(1)(i): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were inspected visually by the competent person to determine the presence of combustible or flammable liquids.
(a) engine room- On or about January 19, 2018 the employer required employees to enter spaces to perform work such as but not limited to installing insulation where a propylene gas leak occurred filling the space and adjacent spaces and did not ensure a competent person visually inspected the spaces for the presence of combustible or flammable liquids prior to initial entry into the space by employees exposing employees to fire and explosion hazards.
Citation 1 Item 2d
Type of Violation: Serious
29 CFR 1915.12(b)(1)(ii): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were tested by a competent person to determine the concentration of flammable vapors and gases within the space prior to entry by an employee.
(a) lower engine room- On or about January 19, 2018 the employer allowed employees to enter spaces to perform work such as but not limited installing insulation where a propylene gas leak occurred filling the space and adjacent spaces and did not ensure a competent person tested to determine the concentration of flammable vapors and gases prior to initial entry into the space by employees exposing employees to fire and explosion hazards.
Citation 1 Item 2e
Type of Violation: Serious
29 CFR 1915.12(c)(l)(ii): The employer did not ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that were toxic, corrosive or irritant were tested by a competent person to determine the air concentration of toxics, corrosives, or irritants within the space prior to initial entry by an employee.
(a) lower engine room – On or about January 19, 2018 the employer allowed employees to enter spaces to perform work such as but not limited to installing insulation where a propylene gas leak occurred filling the space and adjacent spaces and did not ensure a competent person tested to determine air concentration of toxics (Carbon monoxide) , corrosives , or irritants (Paint Vapors, Diesel Combustion byproducts) prior to initial entry into the space by employees exposing employees to inhalation hazards.
Citation 1 Item 3
Type of Violation: Serious; $3,880
29 CFR 1915.12(d)(1): The employer did not ensure that each employee entering a confined or enclosed space or other areas with dangerous atmospheres was trained to perform a11 required duties safely.
(a) On or about January 19, 2018 the employer allowed employees to enter confined and enclosed spaces to perform work such as but not limited to installing insulation without training the employees on the hazards of confined and enclosed spaces exposing employees to asphyxiation, fire, and explosion hazards.
Citation 1 Item 4
Type of Violation: Serious; $3,880
29 CFR 1915.12(f): The employer did not ensure that all available information on the hazards, safety rules, and emergency procedures regarding confined and enclosed spaces or other dangerous atmospheres was exchanged with any other employer whose employees may enter the same spaces.
(a) On or about January 19, 2018 the employer allowed contract employees to enter confined and enclosed spaces to perform work such as but not limited to installing insulation without ensuring that all available information on the hazards, safety rules, and emergency procedures regarding confined and enclosed spaces or other dangerous atmospheres they would encounter was exchanged exposing both site employees and contractors to asphyxiation, fire, and explosion hazards.
Citation 1 Item 1
Type of Violation: Serious; $2,218
29 CFR 1915.73(d): When employees were exposed to unguarded edges of decks, ·platforms , flats, or similar flat surfaces, more than 5 feet above a solid surface, the edges were not guarded by adequate guardrails meeting the requirements of29 CFR 1915.71(j)(1) and (2):
(a) During the period January 18, 2017 through January 19, 2018 deck openings around aft end of engines in the upper engine room were not guarded exposing employees to fall hazard of up to 8 feet.
Citation 1 Item 2
Type of Violation : Serious; $2,217
29 CFR 1915.74(c)(2): A safe walkway meeting the requirements of29 CFR 1917.74(a)(7) was not provided to step safely to or from the wharf, float, barge, or river towboat:
(a) On or about January 19, 2018 a ramp was not provided to access the vessel. The William E. Strait was tied to the dock in a manner that would allow it to float away from the dock creating a space of approximately 2 feet that an employee could fall through between the deck and dock.
Citation 1 Item 3
Type of Violation: Serious; $2,217
29 CFR 1915.51(b)(1)(iv)(C): The employer did not place each hose and cord on walkways where the hoses and cords were covered by crossovers or other means that will prevent injury to employees and damage to the hoses and cords:
(a) On or about January 19, 2018 hoses and cords on walkways on the deck were not covered exposing employees to tripping and fall hazards.
Citation 1 Item 4
Type of Violation: Serious; $2,772
29 CFR 1915.158(b)(2): On floating vessels under 200 feet in length, at least one 30-inch U.S. Coast Guard approved ring life buoy with line attached were not located at the gangway:
(a) On or about January 19, 2018 a life ring with line attached was not visible and accessible.
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 5a
Type of Violation: Serious; $1,662
29 CFR 1915.508(b)(1): The employer did not ensure all employees were trained on emergency alarm signals, including system discharge and employee evacuation alarms:
(a) Shipyard – On or about January 19, 2018 the employer did not train empl~yees as required.
Citation 1 Item 5b
Type of Violation: Serious
29 CFR 1915.508(b)(2): The employer did not ensure the employees were trained on the primary and secondary evacuation routes in event of fire in the workplace:
(a) Shipyard – On or about January 19, 2018 the employer did not train employees as required.
2ND Staffing Company
Citation 1 Item 1
Type of Violation: Serious; $11,641
29 CFR 1915.12(d)(4)(i): The employer did not provide each employee with training before the entrant began work in confined, enclosed spaces or other dangerous atmospheres:
(a) On or about January 19, 2018 the employer had not trained employees who enter confined and enclosed spaces as required and did not verify that the host employer had trained the employees for the work they would be required to perform onsite.
Blasting and Painting Contractor
Citation 1 Item 1
Type of Violation: Serious; $3,696
OSH ACT of 1970 Section (5)(a)(1): 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 in that employees were exposed to hazard of asphyxiation:
(a) During the period January 18, 2018 through January 19, 2018 a carbon monoxide producing propane forced air heater was used in the lower engine room.
Among other methods, one feasible and acceptable abatement method to correct this hazardous condition would be to remove the LP gas heater from the enclosed space and prohibit future use aboard vessels and train all employees about this policy.
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; $2,217
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 (Shipyard reference 1915.1200):
(a) On or about January 19, 2018 employees performed painting, grinding activities and fueled heater and the employer did not have a hazard communication program.
Citation 1 Item 2b
Type of Violation: Serious
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:
(a) On or about January 19, 2018 employees performed painting, grinding, fueled propane heater, worked in locations where welding and cutting was performed and the employer did not train employees as required.
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; $5,174
29 CFR 1915.7(b)(1): The employer did not designate one or more shipyard competent persons:
(a) On or about January 19, 2018 employees worked in enclosed and confined spaces aboard vessel with hazardous atmospheres and the employer did not designate a shipyard competent person.
Citation 1 Item 3b
Type of Violation: Serious;
29 CFR 1915.12(a)(1)(i): The employer did not ensure that non-ventilated spaces that were freshly painted were visually inspected and tested by a competent person to determine the atmosphere’s oxygen content prior to initial entry into the space by an employee:
(a) During the period January 8, 2018 through January 19, 2018 employees entered three water tanks to prep, paint and touch up paint that were not inspected or tested by a competent person for oxygen content prior to entry into the confined spaces.
Citation 1 Item 3c
Type of Violation: Serious
29 CFR 1915.12(a)(1)(ii): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were visually inspected and tested by a competent person to determine the atmosphere’s oxygen content prior to initial entry into the space by an employee:
(a)On or about January I 9, 2018 employees entered forward water tank where flammable gas had been released in the adjacent space and the tank and adjacent space were not inspected or tested by a competent person prior to entry for oxygen content.
Citation 1 Item 3d
Type of Violation: Serious
29 CFR 1915.12(b)(1)(i): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were inspected visually by the competent person to determine the presence of combustible or flammable liquids or gases:
(a) On or about January 19, 2018 employees entered forward potable water tank which contained flammable gas. Propylene was released in the adjacent space and the tank and adjacent space were not inspected by a competent person prior to entry for presence of combustible or flammable liquids or gases.
Citation 1 Item 3e
Type of Violation: Serious
29 CFR 1915.12(b)(1)(ii): The employer did not ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases were tested by a competent person to determine the concentration of flammable vapors and gases within the space prior to entry by an employee:
(a) On or about January 19, 2018 employees entered forward potable water tank which contained flammable gas. Propylene was released in the adjacent space and the tank and adjacent space were not tested by a competent person prior to entry to determine the concentration of combustible or flammable liquids or gases.
Citation 1 Item 3f
Type of Violation: Serious
29 CFR 1915.12(c)(1)(i): The employer did not ensure that spaces or adjacent spaces that contain or ave contained liquids, gases, or solids that were toxic, corros ive or irritant were inspected visually by the competent person to determine the presence of toxic, corrosive, or irritant residue contaminants:
(a) During the period January 8, 2018 through January 19, 2018 employees entered enclosed and confined spaces such as the lower engine room and water tanks where forced air heaters fueled by diesel and propane were in use and where welding and cutting and painting were performed.
The enclosed and confined spaces were not inspected by a competent person prior to entry for the presence of toxic, corrosive, or irritant residue contaminants.
Citation 1 Item 3g
Type of Violation: Serious;
29 CFR 1915.12(c)(1)(ii): The employer did not ensure that spaces or adjacent spaces that contain or have contained liquids, gases, or solids that were toxic, corrosive or irritant were tested by a competent person to determine the air concentration of toxics, corrosives , or irritants within the space prior to initial entry by an employee:
(a) During the period January 8, 2018 through January 19, 2018 employees entered enclosed and confined spaces such as the lower engine room and water tanks where forced air heaters fueled by diesel and propane were in use and welding and cutting and painting were performed in the spaces and adjacent spaces. The enclosed and confined spaces were not tested by a competent person prior to entry for the presence of toxic, corrosive, or irritant residue contaminants.
Citation I Item 4
Type of Violation: Serious; $5,174
29 CFR 1915.12(d)(4)(i): The employer did not provide each employee with training before the entrant began work in confined, enclosed spaces or other dangerous atmospheres:
(a) On or about January 19, 2018 the employer had not trained employees who enter confined and enclosed spaces as required.
Citation 1 Item 5
Type of Violation: Serious; $3,696
29 CFR 1915.12(f): The employer did not ensure that all available information on the hazards, safety rules, and emergency procedures regarding confined and enclosed spaces or other dangerous atmospheres was exchanged with any other employer whose employees may enter the same spaces:
(a) On or about January 19, 2018 employees performed painting, operated a propane fueled forced air heater in enclosed and confined spaces where welding, cutting, grinding took place and the employer did not exchange information with other employers working in the same space as required.
Citation 1 Item 6
Type of Violation: Serious; $2,956
29 CPR 1915.74(c)(2): A safe walkway meeting the requirements of29 CPR 1917.74(a)(7) was not provided to step safely to or from the wharf, float, barge, or river towboat:
(a) On or about January 19, 20 I 8 a ramp was not provided to access the vessel. The William E. Strait was tied to the dock in a manner that would allow it to float away from the dock creating a space of approximately 2 feet that an employee could fall through between the deck and dock.
Citation 1 Item 7
Type of Violation: Serious; $2,956
29 CFR 1915.81(b)(1)(iv): The employer did not place each hose in a location that would prevent injury to employees and damage to the hoses and cords:
(a) On or about January 19, 20 18 employees traveled on walkways where hoses and cords were not covered.
Citation 1 Item 8
Type of Violation: Serious; $3,696
29 CFR 1915.158(b)(2): On floating vessels under 200 feet in length, at least one 30-inch U.S. Coast Guard approved ring life buoy with line attached were not located at the gangway:
(a) On or about January 19, 2018 a life ring was not visible and accessible at the gangway as required.
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;$2,217
29 CFR 1915.508(b)(1): The employer did not ensure all employees were trained on emergency alarm signals, including system discharge and employee evacuation alarms:
(a) Shipyard – On or about January 19, 2018 the employer did not train employees as required.
Citation 1 Item 9b
Type of Violation: Serious
29 CFR 1915.508(b)(2): The employer did not ensure the employees were trained on the primary and secondary evacuation routes in event of fire in the workplace:
(a) Shipyard – On or about January 19, 2018 the employer did not train employees as required.
Citation 2 Item 1
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.1200(g)(8): The employer did not maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and did not ensure that they were readily accessible during each work shift to employees when they were in their work area(s)(Shipyard reference 1915.1200):
(a) On or about January 19, 2018 employees used paint, performed grinding on painted metal surfaces, worked in spaces where welding and cutting was performed and the employer did not have safety data sheets for each chemical product employees were exposed to.
