An OSHA safety investigation has found another rail car products and services provider did not follow federal safety standards for working in permit-required confined spaces after two workers died from inhaling toxic fumes. OSHA determined that an employee became unresponsive after entering a natural gasoline rail car with the intent of cleaning the space on Aug. 12, 2020. A second employee entered the rail car and was also overcome after attempting to rescue the fallen worker. Both workers were eventually recovered and later pronounced dead at a local hospital. OSHA found that the company failed to require a permit to allow entry into the rail car, ventilate the space, monitor hazards inside a confined space, and complete entry permits for work inside a confined space, as required. OSHA cited the company for 11 serious violations and two willful violations and has proposed $419,347 in penalties. Here are the citations:
Citation 1 Item 1
Type of Violation: Serious; $13,653
29 CFR OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(l) of the Occupational Safety and Health Act: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees.
On or about August 12, 2020, and at times prior thereto, precautions were not taken to control ignition sources, at the cleaning rack, where flammable materials were used to clean tank cars creating a fire and explosion hazard.
The alleged violations below have been grouped beacuse they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $9,753
29 CFR 1910. 134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:
On or about August 12, 2020, and at times prior thereto, employees who use a tight fitting respirator had not received an annual fit test.
Citation 1 Item 2b
Type of Violation: Serious
29 CFR 1910.134(f)(6): Qualitative fit tests were performed on negative pressure air-purifying respirators when the required fit factor is greater than 100:
(a) On or about August 12, 2020, and at times prior thereto, the employer performs qualitative fit tests for negative pressure air-purifying full face elastomeric respirators when the required fit factor is greater than 100.
Citation 1 Item 2c
Type of Violation: Serious
29 CFR 1910.134(d)(1)(iii): When the employer was unable to identify or reasonably estimate the employee exposure, the employer did not consider the atmosphere to be IDLH:
On or about August 12, 2020 and at times prior thereto, the employer does not identify and evaluate the respiratory hazards for each commodity received in the workplace.
The alleged violations below have been grouped beacuse 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 1910.134(g)(2)(i) : When there was a change in the work area, conditions, or degree of employee exposure or stress that may affect respirator effectiveness, the employer did not reevaluate the continued effectiveness of the respirator:
On or about August 12, 2020, and at times prior thereto, employees performing tank car cleaning inside tank cars are exposed to respiratory hazards. The employer has not reevaluated respirator effectiveness when tank cars previously contained different chemicals/products/commodities.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:
On or about August 12, 2020, and at times prior thereto, employees perform cleaning inside the tank cars when the employer has not evaluated the hazards prior to entry.
Citation 1 Item 4
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(4)(i): Under the permit-required confined space program required by 29 CFR 191O.146(c)(4), the employer did not ensure that testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5) was maintained properly:
On or about August 12, 2020, and at times prior thereto, the employer did not ensure that atmospheric testing equipment was maintained and verified for accuracy through the use of daily bump testing.
Citation 1 Item 5
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(4)(ix): Under the permit-required confined space program required by 29 CFR
1910.146(c)(4), the employer did not ensure that employees used any other equipment properly which was necessary for safe entry into and rescue from permit space:
On or about August 12, 2020, and at times prior thereto, the employer failed to ensure the use of non-spark producing tools during the cleaning process inside tank cars which contained flammable/combustible commodities.
Citation 1 Item 6
Type of Violation: Serious; $13,653
29 CFR 1910.146(d)(6): The employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:
On or about August 12, 2020, an employee entered a permit-required confined space, tank car# TILX 362012, and was not provided at least one attendant outside the permit space.
The alleged violations below have been grouped beacuse they involve similar or re lated hazards that may increase the potential for injury or illness.
Citation 1 Item 7a
Type of Violation: Serious; $13,653
29 CFR 1910.146(g)(2)(iii): The employer did not provide training to each affected employee whenever there was a change in permit space operations that presented a hazard about which an employee had not previously been trained under 29 CFR 1910.146.
On or about August 12, 2020, and at times prior thereto, employees did not receive refresher or follow-up training on the hazards of natural gasoline prior to performing chemical cleaning.
Citation 1 Item 7b
Type of Violation: Serious
29 CFR 191O.146(h)(1): The employer did not ensure that all authorized entrants knew the hazards that could be faced during entry, including information on the mode, sign or symptoms, and consequences of the exposure:
On or about August 12, 2020, and at times prior thereto, employees enter tank cars who have not received training addressing hazard s associated with the various contents of each car.
Citation 1 Item 7c
Type of Violation: Serious;
29 CFR 191O.146(i)(1): The employer did not ensure that each attendant knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:
On or about August 12, 2020, and at times prior thereto, employees serving as a permit space attendant does not know the hazards associated with the various contents of each car.
Citation 1 Item 8
Type of Violation: Serious; $13,653
29 CFR 1910.146(j)(1): The employer did not ensure that each entry supervisor knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:
On or about August 12, 2020, and at times prior thereto, employees serving as a permit space entry supervisor does not know the hazards associated with the various contents of each car.
Citation 1 Item 9
Type of Violation: Serious; $13,653
29 CFR 191O.146(j)(2): The employer did not ensure that each entry supervisor verified, by checking that the appropriate entries had been made on the permit, that all tests specified by the permit had been conducted, and that all procedures and equipment specified by the permit were in place before endorsing the permit and allowing entry to begin.
On or about August 12, 2020, and at times prior thereto, the entry supervisor does not ensure the permit is completed and all test is conducted prior to the entry. This condition exposes the employees to hazardous atmosphere(s).
The alleged violations below have been grouped beacuse they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 10a
Type of Violation: Serious; $13,653
29 CFR 191O.146(k)(2)(ii): The employer did not ensure that each member of the rescue team was trained and proficient as an authorized entrant, as provided by paragraphs (g) and (h) of this section:
On or about August 12, 2020, and at times prior thereto, the employer failed to establish proficiency using the rescue equipment for authorized entrants of the rescue team.
Citation 1 Item 10b
Type of Violation: Serious
29 CFR 1910.146(k)(2)(iv): The employer did not ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces:
On or about August 12, 2020, and at times prior thereto, the employer does not ensure affected employees practice confined space rescue by means of simulated rescue operations, at least every 12 months using dummies, manikins, or actual persons.
The alleged violations below have been grouped beacuse they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 11a
Type of Violation: Serious; $13,653
29 CFR 1910.146(k)(3): Whenever an authorized entrant entered a permit space to perform rescue services, retrieval systems or methods were not used to facilitated non-entry:
On or about August 12, 2020, and at times prior thereto, the entrant(s) who entered a tank car for rescue did ensure retrieval systems were used and equipment was adequate to facilitate non-entry.
Citation 1 Item 11b
Type of Violation: Serious
29 CFR 1910.146(k)(3)(i): Each authorized entrant did not use a chest or full-body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, or above the entrant’s head:
On or about August 12, 2020, and at times prior thereto, employees enter the confined space without a full-body harness attached to a retrieval line during the duration of the entry.
Citation 2 Item 1
Type of Violation: Willful; $136,532
29 CFR 1910.146(d)(5)(i): The employer did not test conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized and entry conditions were not continuously monitored in areas where authorized entrants were working:
On or about August 12, 2020, and at times prior thereto, employees who enter tank cars are exposed to hazardous atmosphere(s).
Citation 2 Item 2
Type of Violation: Willful; $136,532
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:
Instance a) On or about August 10, 2020, the employer exposed employees to the hazard of methanol and com oil when it did not ensure that a confined space entry permit was completed prior to entry of TILX 193215, TILX 195058, TILX 292040.
Instance b) On or about August 11, 2020, the employer exposed employees to the hazard of natural gasoline and methanol when it did not ensure that a confined space entry permit was completed prior to entry on TILX 362007, TILX 319430
Instance c) On or about August 12, 2020, the employer exposed employees to the hazard of natural gasoline and com oil when it did not ensure that a confined space entry permit was completed prior to entry for TILX 362012, TILX 292040, TILX 2920 18.
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