A construction company has been fined $14,400 after all three (3) employees were killed while working on a utility project. The three employees, 48, 21, and 43, all of whom were killed on August 25, 2020, in an accident while working about 20 feet below ground inside a manhole. They died from asphyxia associated with a low-oxygen environment and subsequent drowning. Two of the deceased were Father and son. Here are the construction confined space citations:
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Safety Order 01 Item 001a
Type of Violation: Serious; $4,200
29 CFR 1926.1203(a): The employer did not ensure that a competent person identifies all confined spaces in which one or more of the employees it directs may work, and identifies each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary:
August 25, 2020, before beginning work, the employer’s competent person failed to identify all confined spaces in which its employees are working and did not identify each space that is a permit space, through consideration and evaluation of all the elements of that space.
Safety Order 01 Item 001b
Type of Violation: Serious
29 CFR 1926.1204(a): Under the permit required confined space program, the employer did not implement the measures necessary to prevent unauthorized entry:
August 25, 2020, during construction activities, employees could be engaged in storm and sanitary sewer work, the employer did not implement all necessary measures and/or required procedures to prevent unauthorized entry.
Safety Order 01 Item 002
Type of Violation: Serious; $4,200
29 CFR 1926.1207(a): The employer did not ensure that the employees trained, possess the understanding, knowledge, and skills necessary for the safe performance of their duties, the employer did not ensure its employees understands the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards, and for those employees not authorized to perform entry rescues, in the dangers of attempting such rescues:
August 25, 2020, during construction activities, the employer did not ensure the training resulted in an understanding of the hazards in the permit space and the methods used to isolate, control or in other ways protect employees from these hazards, and for those employees not authorized to perform entry rescues, in the dangers of attempting such rescues.
Safety Order 02 Item 001
Type of Violation: Repeat; $6,000
29 CFR 1926.100(a): Employees working in areas where there was a possible danger of head injury from impact, or falling or flying objects, or from electrical shock and burns, were not protected by protective helmets:
August 25, 2020, during construction activities, employees working close to an excavator, where the hazards of flying and falling objects existed, were not wearing hard hats.
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