These citations are the FIRST OSHA citations using 1926.1201-1213, OSHA’s confined space in constructionOSHA’s confined space in construction standard. It is IMPORTANT to point out these citations involved work at a waste-water treatment plant (WWTP) which is normally a workplace that would fall under OSHA’s GENERAL INDUSTRY standards; however, the work being done INSIDE the 54″ pipe was CONSTRUCTION WORK. This case also involved sub-contractors who were also cited for PRCS issues. This inspection came about because a worker, 42, was leak testing joints inside a 54-inch round pipe and suffered fatal blunt force injuries in October 2015, when an inflatable “bladder” ruptured. Here is a breakdown of the 1926.1201-1213, OSHA’s confined space in construction standard citations:
PLEASE pay particular attention to the citations regarding RESCUE from this 54″ pipe!
On April 11, OSHA issued citations to this employer, and the controlling contractor on the site – and two other subcontractors for multiple safety violations following its investigation into the Oct. 20, 2015 incident. The worker succumbed to his injuries five days later.
The agency’s investigation also found the four companies failed to continuously monitor confined spaces for atmospheric and other hazards and train workers in hazards. Following its investigation, the agency cited:
- The employer of the deceased for five serious violations including failing to train workers to operate equipment. The company faces proposed penalties of $35,000.
- A subcontractor for 13 serious violations with penalties of $44,800.
- The controlling contractor for two serious violations with penalties of $10,800.
- A subcontractor for six serious violations with penalties of $30,000.
Citation 1 Item 1
Type of Violation: Serious; $7,000
29 CFR 1926.20(b)(4): The employer did not ensure that the employee(s) required to operate equipment and machinery was qualified by training or experience.
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure that the employee required to operate the Plug-it Joint Tester was qualified by training or experience to operate the equipment.
Citation 1 Item 2
Type of Violation: Serious; $7,000
29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure that the employee required to operate the Plug-it Joint Tester was instructed on the hazards associated with using the equipment and the method that was to be used to protect the employee from injury.
Citation 1 Item 3
Type of Violation: Serious; $7,000
29 CFR 1926.1203(a): Before work begins at a worksite, the employer did. not ensure that a competent person identified all confined spaces in which one or more of the employees it directs may work, and identified each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure that a competent person identified all of the confined spaces and evaluated the potential hazards associated with the work in the spaces.
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; $7,000
29 CFR 1926.1203(b)(1): The employer did not inform exposed employees by posting danger signs or by any other equally effective means, of the existence and location of, and the danger posed by, each permit space:
Note to paragraph (b)(1). A sign reading “DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or using other similar language would satisfy the requirement for a sign.
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure that employees were informed of the existence, location and danger posed by the space by posting danger signs or any other equally effective means.
Citation 1 Item 4b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(b): The entry employer did not identify and evaluate the hazards of permit spaces before employees enter them:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not identify and evaluate the hazards of the permit spaces before employees entered.
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; $7,000
29 CFR 1926.1203(d): Employees entered a permit space and the employer did not have a written permit space program that complies with 1926.1204 implemented at the construction site:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not develop and document a confined space entry program that met the requirements of the standard.
Citation 1 Item 5b
Type of Violation: Serious; GROUPED
1926.1203(e)(2)(iii) Before an employee enters the space, the internal atmosphere was not tested, with a calibrated direct-reading instrument, for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order and employees who enter the space, or that employee’s authorized representative, was not provided an opportunity to observe the pre-entry testing required by the standard:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not conduct atmospheric testing or provide entrants an opportunity to observe the testing.
Citation 1 Item 5c
Type of Violation: Serious; GROUPED
1926.1203(e)(2)(ix) The employer did not verify that the space is safe for entry and that the pre-entry measures required by paragraph (e)(2) of this section had been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification and make it available to each employee entering the space or to that employee’s authorized representative:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not verify that the space was safe for entry and document the date, location of the space, have the signature of the person providing the certification and did not make the information available to each employee entering the space.
Citation 1 Item 5d
Type of Violation: Serious; GROUPED
29 CFR 1926.1203(h(4)(i): The controlling contractor and entry employer(s) did not coordinate entry operations when more than one entity performs permit space entry at the same time:
On or about October 20, 2015, employees entered a confined space between the post aeration building and the diversion structure and the employer and controlling contractor did not coordinate entry operations when more than one entity performs permit space entry at the same time.
Citation 1 Item 5e
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(c)(3): The employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, isolating the permit space and physical hazard(s) within the space:
On or about October 20, 2015, employees entered a confined space between the post aeration building and the diversion structure and the employer did not ensure the gate and associated structure to prevent water from entering the space was isolated and secured to prevent the potential engulfment hazard.
Citation 1 Item 5f
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(d)(1): The employer did not provide testing and monitoring equipment needed to comply with paragraph (e) of this section at no cost to each employee, maintain that equipment properly, and ensure that each employee uses that equipment properly:
On or about October 20, 2015, employees entered a confined space between the post aeration building and the diversion structure and the employer did not provide testing and monitoring equipment and ensure that each employee used that equipment properly.
Citation 1 Item 5g
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(d)(8): The employer did not provide rescue and emergency equipment needed to comply with paragraph (i) of this section at no cost to each employee, maintain that equipment properly, and ensure that each employee uses that equipment properly:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not provide rescue and emergency equipment needed to comply with paragraph (i) of this section and ensure that each employee used that equipment properly.
Citation 1 Item 5h
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(f): The employer did not provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not provide at least one attendant outside the permit space during entry operations.
Citation 1 Item 5i
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(h): The employer did not designate each person who is to have an active role (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by 1926.1207:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not designate each person with an active role as authorized entrant, attendant, entry supervisor, or person responsible for testing the atmosphere in the space.
Citation 1 Item 5j
Type of Violation: Serious; GROUPED
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 October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not develop and implement procedures for rescuing entrants from the spaces and preventing unauthorized personnel from attempting a rescue.
Citation 1 Item 5k
Type of Violation: Serious; GROUPED
29 CFR l 926.1204(j): The employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by this standard, including the safe termination of entry operations under both planned and emergency conditions:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits.
Citation 1 Item 5l
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(k): The employer did not develop and implement procedures to coordinate entry operations, in consultation with the controlling contractor, when employees of more than one employer were working simultaneously in a permit space or elsewhere on the worksite where their activities could, either alone or in conjunction with the activities within a permit space, foreseeably result in a hazard within the confined space, so that employees of one employer do not endanger the employees of any other employer:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not develop and implement procedures to coordinate entry operations, in consultation with the controlling contractor and other contractors working in the space.
Citation 1 Item 5m
Type of Violation: Serious; GROUPED
29 CFR 1926.1205(a): Before entry was authorized, the employer did not document the completion of measures required by 1926.1204( c) by preparing an entry permit:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not document their completion of measures required by standard on a permit.
Citation 1 Item 5n
Type of Violation: Serious; GROUPED
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 ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard and ensure the training results 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:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not provide training to each employee to ensure that the employee obtained an understanding, knowledge, and skills necessary for the safe performance of the duties assigned in the space and obtained an understanding of the hazards in the space and the methods used to protect employees from the hazards.
Citation 1 Item 5o
Type of Violation: Serious; GROUPED
29 CFR 1926.1207(d): The employer did not maintain training records to show that the training required by paragraphs (a) through (c) of this section had been accomplished with training records that contain each employee’s name, the name of the trainers, and the dates of training:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not maintain training records that included the name of each participant, the name of the trainers, and the dates of training.
Citation 1 Item 5p
Type of Violation: Serious; GROUPED
29 CFR 1926 .1210(b): The employer did not ensure that the entry supervisor verified that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure an entry supervisor verified that appropriate atmospheric testing was completed, water from the treatment plant was effectively isolated, a method for rescue was in place and all procedures and equipment were in place before allowing entry to begin.
Citation 1 Item 5q
Type of Violation: Serious; GROUPED
29 CFR 1926.1211(c)(1): The employer did not ensure that each authorized entrant used a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure each entrant used a chest or full body harness, with a retrieval line attached at the center of the entrant’s back.
Citation 1 Item 5r
Type of Violation: Serious; GROUPED
29 CFR 1926.1211(c)(2): The employer did not ensure that each authorized entrant had the other end of their retrieval line attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary:
On or about October 20, 2015, employees entered confined spaces between the post aeration building and the diversion structure and the employer did not ensure each entrant had a retrieval line attached to a mechanical.device or fixed point outside the space to ensure rescue could begin as soon as necessary.
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Citation 1 Item 1
Type of Violation: Serious; $7,000
29 CFR 1926.20(b)(4): The employer did not ensure that the employee(s) required to operate equipment and machinery was qualified by training or experience.
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer’ did not ensure that the employees required to operate the Plug-it Joint Tester were qualified by training or experience to operate the equipment.
Citation 1 Item 2
Type of Violation: Serious; $7,000
29 CFR 1926.21(b)(2): The employer did not instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his/her environment to control or eliminate any hazards or other exposure to illness or injury:
On October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure that the employees required to operate the Plug-it Joint Tester was instructed on the hazards associated with using the equipment and the method that was to be used to protect the employees from injury.
Citation 1 Item 3
Type of Violation: Serious; $2,800
29 CFR 1926.1203(a): Before work begins at a worksite, the employer did not ensure that a competent person identified all confined spaces in which one or more of the employees it directs may work, and identified each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure that a competent person identified the spaces as confined spaces and evaluated the potential hazards associated with work in the spaces.
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; $2,800
29 CFR 1926.1203(b)(1): The employer did not inform exposed employees by posting danger signs or by.any other equally effective means, of the existence and location of, and the danger posed by, each permit space:
Note to paragraph (b)(1). A sign reading “DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or using other similar language would satisfy the requirement for a sign.
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure that employees were informed of the existence, location and danger posed by the spaces by posting danger signs or any other equally effective means.
Citation 1 Item 4b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(b): The entry employer did not identify and evaluate the hazards of permit spaces before employees enter them:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not identify and evaluate the hazards of the permit spaces before employees entered.
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; $2,800
29 CFR 1926.1203(e)(2)(iii): Before an employee enters the space, the internal atmosphere was not tested, with a calibrated direct-reading instrument, for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order and employees who enter the space, or that employee’s authorized representative, was not provided an opprtunity to observe the pre-entry testing required by the standard:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not conduct atmospheric testing or provide entrants an opportunity to observe the testing.
Citation 1 Item 5b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(d)(1): The employer did not provide testing and monitoring equipment needed to comply with paragraph (e) of this section at no cost to each employee, maintain that equipment properly, and ensure that each employee uses that equipment properly:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide testing and monitoring equipment and ensure that each employee used that equipment properly.
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; $2,800
1926.1203(e)(2)(ix) The employer did not verify that the space is safe for entry and that the pre-entry measures required by paragraph (e)(2) of this section had been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification and make it available to each employee entering the space or to that employee’s authorized representative:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not verify that the space was safe for entry and document the date, location of the space, have the signature of the person providing the ce1tification and did not make the information available to each employee entering the space.
Citation 1 Item 6b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(j): The employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by this standard, including the safe termination of entry operations under both planned and emergency conditions:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not implement a system for the preparation, issuance, use, and cancellation of entry permits.
Citation 1 Item 6c
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(1): The employer did not develop and implement procedures (such as closing off a permit space and canceling the permit) necessary for concluding the entry after entry operations have been completed:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not implement procedures for concluding the entry after entry operations have been completed.
Citation 1 Item 6d
Type of Violation: Serious; GROUPED
29 CFR 1926.1205(a): Before entry was authorized, the employer did not document the completion of measures required by 1926.1204(c) by preparing an entry permit:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not document the completion of measures required by the standard on a permit.
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 7a
Type of Violation: Serious; $2,800
29 CFR 1926.1203(h(4)(i): The controlling contractor and entry employer(s) did not coordinate entry operations when more than one entity performs permit space entry at the same time:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer and controlling contractor did not coordinate entry operations when more than one entity performs permit space entry at the same time.
Citation 1 Item 7b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(k): The employer did not develop and implement procedures to coordinate entry operations, in consultation with the controlling contractor, when employees of more than one employer were working simultaneously in a permit space or elsewhere on the worksite where their activities could, either alone or in conjunction with the activities within a permit space, foreseeably result in a hazard within the confined space, so that employees of one employer do not endanger the employees of any other employer:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures to coordinate entry operations, in consultation with the controlling contractor and other contractors working in the space.
Citation 1 Item 8
Type of Violation: Serious; $2,800
29 CFR 1926.1204(c)(3): The employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, isolating the permit space and physical hazard(s) within the space:
On or about October 20, 2015, employees entered a confined space between the post aeration building and the diversion structure and the employer did not ensure the gate and associated structure was isolated and secured to prevent water from entering the space and creating a potential engulfment hazard.
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; $2,800
29 CFR 1926.1204(d)(8): The employer did not provide rescue and emergency equipment needed to comply with paragraph (i) of this section at no cost to each employee, maintain that equipment properly, and ensure that each employee uses that equipment properly:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide rescue and emergency equipment needed to comply with paragraph (i) of this section and ensure that each employee used that equipment properly.
Citation 1 Item 9b
Type of Violation: Serious; GROUPED
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 October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures for rescuing entrants from the spaces and preventing unauthorized personnel from attempting a rescue.
Citation 1 Item 9c
Type of Violation: Serious; GROUPED
29 CFR 1926.1211(c)(1): The employer did not ensure that each authorized entrant used a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure each entrant used a chest or full body harness, with a retrieval line attached at the center of the entrant’s back.
Citation 1 Item 9d
Type of Violation: Serious; GROUPED
29 CPR 1926.1211(c)(2): The employer did not ensure that each authorized entrant had the other end of their retrieval line attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure each entrant had a retrieval line attached to a mechanical device or fixed point outside the space to ensure rescue could begin as soon as necessary.
Citation 1 Item 10
Type of Violation: Serious; $2,800
29 CFR 1926.1204(f): The employer did not provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations:
On Oar about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide at least one attendant outside the permit space during entry operations.
Citation 1 Item 11
Type of Violation: Serious; $2,800
29 CFR 1926.1204(h): The employer did not designate each person who is to have an active role (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by 1926.1207:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not designate each person with an active role as authorized entrant, attendant, entry supervisor, or person responsible for testing the atmosphere in the 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 12a
Type of Violation: Serious; $2,800
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 ensure that the employee possesses the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this standard and ensure the training results 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:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide training to each employee to ensure that the employee obtained an understanding, knowledge, and skills necessary for the safe performance of the duties assigned in the space and obtained an understanding of the hazards in the space and the methods used to protect employees from the hazards.
Citation 1 Item 12b
Type of Violation: Serious; GROUPED
29 CFR 1926.1207(d): The employer did not maintain training records to show that the training required by paragraphs (a) through (c) of this section had been accomplished with training records that contain each employee’s name, the name of the trainers, and the dates of training:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not maintain training records that included the name of each participant, the name of the trainers, and the dates of training.
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 13a
Type of Violation: Serious; $2,800
29 CFR 1926.1210(b): The employer did not ensure that the entry supervisor verified that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure an entry supervisor verified that appropriate atmospheric testing was completed, water from the treatment plant was effectively isolated, a method for rescue was in place and all procedures and equipment were in place before allowing entry to begin.
Citation 1 Item 13b
Type of Violation: Serious; GROUPED
29 CFR 1926.1210(d): The employer did not ensure that the entry supervisor verified that rescue services were available and that the means for summoning them are operable, and that the employer will be notified as soon as the services become unavailable:
On or about October 16, 19 and 20, 2015, employees entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure an entry supervisor verified that rescue services were available, that the means for summoning them were operable, and that the employer would be notified if services become unavailable.
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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; $4,500
29 CFR 1926.1203(a): Before work begins at a worksite, the employer did not ensure that a competent person identified all confined spaces in which one or more of the employees it directs may work, and identified each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.
On or about October 20, 2015, workers entered the post aeration building and the employer did not ensure that a competent person identified the confined spaces in the work area and evaluated the potential hazards associated with work in the spaces.
Citation 1 Item 1b
Type of Violation: Serious; GROUPED
29 CFR 1926.1203(b)(1): The employer did not inform exposed employees by posting danger signs or by any other equally effective means, of the existence and location of, and the danger posed by, each permit space:
Note to paragraph (b)(l). A sign reading “DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or using other similar language would satisfy the requitement for a sign.
On or about October 20, 2015, employees entered the post aeration building and the employer did not ensure that the employees were informed of the existence, location and danger posed by the permit spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure by posting danger signs or use another equally effective means.
Citation 1 Item 1c
Type of Violation: Serious; GROUPED
1926.1203(e)(2)(ix) The employer did not verify that the space is safe for entry and that the pre-entry measures required by paragraph (e)(2) of this section had been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification and make it available to each employee entering the space or to that employee’s authorized representative:
On or about October 20, 2015, employees entered the post aeration building and the employer did not verify that the space was safe for entry and document the date, location of the space, have the signature of the person providing the certification and did not make the information available to each employee entering the space.
Citation 1 Item 2
Type of Violation: Serious; $6,300
1926.1203(h)(2)(ii)(C): Before entry operations begin, the controlling contractor did not provide the entry employers information on the precautions the controlling contractor has implemented for the protection of employees in the permit spaces whose activities could foreseeably result in a hazard in the permit space:
On or about October 16, 19 and 20, 2015, employees of subcontractors entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide the entry employers information on the precautions that must be implemented for the protection of the employees of each entity whose activities could result in a hazard in the confined spaces.
CLICK HERE for these 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; $5,000
29 CFR 1926.1203(a): Before work begins at a worksite, the employer did not ensure that a competent person identified all confined spaces in which one or more of the employees it directs may work, and identified each space that is a permit space, through consideration and evaluation of the elements of that space, including testing as necessary.
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure that a competent person identified the potential hazards associated with the work in the spaces.
Citation 1 Item 1b
Type of Violation: Serious; GROUPED
29 CFR 1926.1203(b)(1): The employer did not inform exposed employees by posting danger signs or by any other equally effective means, of the existence and location of, and the danger posed by, each permit space:
Note to paragraph (b)(1). A sign reading “DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or using other similar language would satisfy the requirement for a sign.
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure that employees were informed of the existence, location and danger posed by the space by posting danger signs or ~my other equally effective means.
Citation 1 Item 1c
Type of Violation: Serious; GROUPED
29 CPR 1926.1204(b): The entry employer did not identify and evaluate the hazards of permit spaces before employees enter them:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not identify and evaluate the hazards of the permit spaces before entry.
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; $5,000
1926.1203(e)(2)(ix) The employer did not verify that the space is safe for entry and that the pre-entry measures required by paragraph (e)(2) of this section had been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification and make it available to each employee entering the space or to that employee1s authorized representative:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not verify that the space was safe for entry and document the date, location of the space, have the signature of the person providing the certification and did not make the information available to each employee entering the space.
Citation 1 Item 2b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(j): The employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by this standard, including the safe termination of entry operations under both planned and emergency conditions:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not implement a system for the preparation, issuance, use, and cancellation of entry permits.
Citation 1 Item 2c
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(1): The employer did not develop and implement procedures (such as closing off a permit space and canceling the permit) necessary for concluding the entry after entry operations have been completed:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures for concluding the entry after entry operations have been completed.
Citation 1 Item 2d
Type of Violation: Serious; GROUPED
29 CFR 1926.1205(a): Before entry was authorized, the employer did not document the completion of measures required by 1926.1204(c) by preparing an entry permit:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not document the completion of measures required by the standard on a permit.
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; $5,000
29 CFR 1926.1203(h(4)(i): The controlling contractor and entry employer(s) did not coordinate entry operations when more than one entity performs permit space entry at the same time:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer and controlling contractor did not coordinate entry operations when more than one entity performs permit space entry at the same time.
Citation 1 Item 3b
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(k): The employer did not develop and implement procedures to coordinate entry operations, in consultation with the controlling contractor, when employees of more than one employer were working simultaneously in a permit space or elsewhere on the worksite where their activities could, either alone or in conjunction with the activities within a permit space, foreseeably result in a hazard within the confined space, so that employees of one employer do not endanger the employees of any other employer:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures to coordinate entry operations, in consultation with the controlling contractor and other contractors working in the space.
Citation 1 Item 3c
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(h): The employer did not designate each person who is to have an active role (as, for example, authorized entrants, attendants, entry supervisors, or persons who test or monitor the atmosphere in a permit space) in entry operations, identify the duties of each such employee, and provide each such employee with the training required by 1926.1207:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not designate each person with an active role as authorized entrant, attendant, entry supervisor, or person responsible for testing the atmosphere in the space.
Citation 1 Item 4
Type of Violation: Serious; $5,000
29 CFR 1926.1204(c)(3): The employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, isolating the permit space and physical hazard(s) within the space:
On or about October 20, 2015, an employee entered a confined space between the post aeration building and the diversion structure and the employer did not ensure the gate and associated structure to prevent water from entering the space was isolated and secured to prevent the potential engulfment hazard.
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; $5,000
29 CFR 1926.1204(d)(8): The employer did not provide rescue and emergency equipment needed to comply with paragraph (i) of this section at no cost to each employee, maintain that equipment properly, and ensure that each employee uses that equipment properly:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide rescue and emergency equipment needed to comply with paragraph (i) of this section and ensure that each employee used that equipment properly.
Citation 1 Item 5b
Type of Violation: Serious; GROUPED
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 October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not develop and implement procedures for rescuing entrants from the spaces and preventing unauthorized personnel from attempting a rescue.
Citation 1 Item 5c
Type of Violation: Serious; GROUPED
29 CFR 1926.1211 (c)(1): The employer did not ensure that each authorized entrant used a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, above the entrant’s head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure each entrant used a chest or full body harness, with a retrieval line attached at the center of the entrant’s back.
Citation 1 Item 5d
Type of Violation: Serious; GROUPED
29 CFR 1926.1211(c)(2): The employer did not ensure that each authorized entrant had the other end of their retrieval line attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure the entrant had a retrieval line attached to a mechanical device or fixed point outside the space to ensure rescue could begin as soon as necessary.
Citation 1 Item 5e
Type of Violation: Serious; GROUPED
29 CFR 1926.1204(f): The employer did not provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not provide at least one attendant outside the permit space during entry operations.
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; $5,000
29 CFR 1926.1210(b): The employer did not ensure that the entry supervisor verified that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure an entry supervisor verified that appropriate atmospheric testing was completed, water from the treatment plant was effectively isolated, a method for rescue was in place and all procedures and equipment were in place before allowing entry to begin.
Citation 1 Item 6b
Type of Violation: Serious; GROUPED
29 CFR 1926.1210(d): The employer did not ensure that the entry supervisor verified that rescue services were available and that the means for summoning them are operable, and that the employer will be notified as soon as the services become unavailable:
On or about October 19 and 20, 2015, an employee entered confined spaces between the secondary clarifier diversion structure, post aeration building and the diversion structure and the employer did not ensure an entry supervisor verified that rescue services were available, that the means for summoning them were operable, and that the employer would be notified if services become unavailable.
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