A tank cleaning company again chose to disregard federal safety standards that may have protected their employees from hazardous working conditions and prevented another employee from suffering a fatal injury. In December 2023, just two days before Christmas, the wife and son of an employee at the company grew concerned when he didn’t return after his shift. Later that day, he was found unresponsive.
A workplace safety investigation by OSHA determined the fallen worker’s employer failed to ensure that atmospheric testing was done inside the tank before allowing the 53-year-old employee to enter it. The agency cited the company, whose employees clean tankers used to transport hazardous wastes, for eight repeat violations.
OSHA cited the business for the same violations in June 2020 after two workers succumbed while cleaning inside a tanker truck in November 2019.
In addition to identifying the company’s failure to conduct required testing, OSHA cited the business for seven serious violations, including the following:
Citation 1 Item 1
Type of Violation: Serious; $16,131
29 CFR 1910.146(d)(1): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not implement the measures necessary to prevent unauthorized entry:
a) At Bay 4 of the facility, on or about December 23, 2023, the employer did not implement the measures necessary to prevent unauthorized entry to Tank T-21048, exposing employees to explosion, inhalation, and asphyxiation hazards.
Citation 1 Item 2
Type of Violation: Serious; $16,131
29 CFR 1910.146(d)(6): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:
a) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank 702696, exposing employees to explosion, inhalation, and asphyxiation hazards.
b) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank T-21012, exposing employees to explosion and asphyxiation hazards.
c) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank TIFU350268-6, exposing employees to explosion and asphyxiation hazards.
d) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank 10299528, exposing employees to explosion and asphyxiation hazards.
e) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank 6080, exposing employees to explosion, inhalation, and asphyxiation hazards.
f) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank 1013, exposing employees to explosion, inhalation, and asphyxiation hazards.
g) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank T-15122, exposing employees to explosion and asphyxiation hazards.
h) At the wash bay areas, on or about December 23, 2023, where an attendant was not provided for employees entering Tank 65868, exposing employees to inhalation and asphyxiation hazards.
i) At the wash bay areas, on or about December 22, 2023, where an attendant was not provided for employees entering Tank 749, exposing employees to inhalation and asphyxiation hazards
Citation 1 Item 3
Type of Violation: Serious; $16,131
29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:
a) At the wash bay areas, on or about December 22, 2023, the employer did not document the completion of measures required for safe permit space entry. Entry permits were not completed prior to entering the Tank 25019. Employees were exposed to atmospheric and explosion hazards.
b) At the wash bay areas, on or about December 22, 2023, the employer did not document the completion of measures required for safe permit space entry. Entry permits were not completed prior to entering the Tank 734. Employees were exposed to atmospheric and explosion hazards.
c) At the wash bay areas, on or about December 22, 2023, the employer did not document the completion of measures required for safe permit space entry. Entry permits were not completed prior to entering the Tank 719. Employees were exposed to atmospheric and explosion hazards.
d) At the wash bay areas, on or about December 22, 2023, the employer did not document the completion of measures required for safe permit space entry. Entry permits were not completed prior to entering the Tank 6177LD. Employees were exposed to atmospheric and explosion 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 4a
Type of Violation: Serious; $16,131
29 CFR 1910.146(f)(3): The entry permit that documented compliance and authorized entry to a permit space did not identify the authorized duration of the entry permit:
a) At the wash bay areas, on or about December 23, 2023, where the entry permit for Tank 702696 did not identify the authorized duration of entry, exposing employees to explosion and inhalation hazards.
Citation 1 Item 4b
Type of Violation: Serious
29 CFR 1910.146(f)(5): The entry permit that documented compliance and authorized entry to a permit space did not identify the personnel, by name, currently serving as attendants:
a) At the wash bay areas, on or about December 23, 2023, where the entry permit for tank 702696 did not identify the personnel, by name, serving as attendants, exposing employees to explosion and inhalation hazards.
Citation 1 Item 4c
Type of Violation: Serious
29 CFR 1910.146(f)(7): The entry permit that documented compliance and authorized entry to a permit space did not identify the hazards of the permit space to be entered:
a) At the wash bay areas, on or about December 23, 2023, where the entry permit for tank 702696 did not identify the hazards of the permit space, exposing employees to explosion and inhalation hazards.
Citation 1 Item 4d
Type of Violation: Serious
29 CFR 1910.146(f)(11): The entry permit that documented compliance and authorized entry to a permit space did not identify the rescue and emergency services to be summoned and the means for summoning those services:
a) At the wash bay areas, on or about December 23, 2023, where the entry permit for tank 702696 did not identify the rescue and emergency services to be summoned and the means for summoning those services.
Citation 1 Item 4e
Type of Violation: Serious
29 CFR 1910.146(f)(13): The entry permit that documented compliance and authorized entry to a permit space did not identify equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment.
a) At the wash bay areas, on or about December 23, 2023, where the entry permit for tank 702696 did not identify equipment, such as personal protective equipment, communications equipment, alarm systems, and rescue equipment, exposing employees to explosion and inhalation hazards.
Citation 1 Item 5
Type of Violation: Serious; $12,676
29 CFR 1910.305(b)(1)(i): Conductors entering cutout boxes, cabinets, or fittings were not protected from abrasions:
a) At Bay 4 of the facility, on or about December 23, 2023, where conductors entering an electrical panel box for the pressure washer were not protected from abrasions, exposing employees to electrical hazards.
Citation 1 Item 6
Type of Violation: Serious; $7,604
29 CFR 1910.305(b)(2)(i): Each outlet box in completed installations did not have a cover, faceplate, or fixture canopy:
a) At Bay 4 of the facility, on or about December 23, 2023, an outlet was missing a cover plate, exposing employees to electrical hazards.
Citation 1 Item 7
Type of Violation: Serious; $16,131
29 CFR 1910.1000(a)(2): Employee(s) were exposed to an airborne concentration of carbon monoxide listed in Table Z-1 in excess of the 8 hour Time Weighted Average concentration of 50 parts per million (ppm):
a) At Bay 4 of the facility, on or about December 23, 2023, where a tank washer performing cleaning operations inside tank T-21048 was exposed to carbon monoxide concentrations at an 8 hour time weighted average (TWA) of 234.5 ppm.
Citation 2 Item 1
Type of Violation: Repeat – Serious; $88,721
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:
a) At the wash bay areas, on or about December 23, 2023, the employer did not ensure that the tank washer conducted testing for acceptable permit space entry conditions prior to entering the Tank 702696 for post-wash inspection. The employee was exposed to explosion, inhalation and asphyxiation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 1, item number 3, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 2
Type of Violation: Repeat – Serious; $88,721
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:
a) At the wash bay areas, on or about December 23, 2023, the employer did not ensure that the tank washer conducted testing for acceptable permit space entry conditions prior to entering the Tank 6080 for post-wash inspection. The employee was exposed to explosion, inhalation and asphyxiation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 1, item number 3, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 3
Type of Violation: Repeat – Serious; $88,721
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:
a) At the wash bay areas, on or about December 23, 2023, the employer did not ensure that the tank washer conducted testing for acceptable permit space entry conditions prior to entering the Tank 25019 for post-wash inspection. The employee was exposed to explosion, inhalation and asphyxiation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 1, item number 3, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 4
Type of Violation: Repeat – Serious; $88,721
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:
a) At the wash bay areas, on or about December 23, 2023, the employer did not ensure that the tank washer conducted testing for acceptable permit space entry conditions prior to entering the Tank 734 for post-wash inspection. The employee was exposed to explosion, inhalation and asphyxiation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 1, item number 3, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 5
Type of Violation: Repeat – Serious; $88,721
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:
a) At the wash bay areas, on or about December 23, 2023, the employer did not ensure that the tank washer conducted testing for acceptable permit space entry conditions prior to entering the Tank 719 for post-wash inspection. The employee was exposed to explosion, inhalation and asphyxiation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 1, item number 3, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 6
Type of Violation: Repeat – Serious; $88,721
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:
a) At the wash bay areas, on or about December 23, 2023, the employer did not ensure that the tank washer conducted testing for acceptable permit space entry conditions prior to entering the Tank 6177LD for post-wash inspection. The employee was exposed to explosion, inhalation and asphyxiation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 1, item number 3, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 7
Type of Violation: Repeat – Serious; $88,721
29 CFR 1910.146(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:
a) At the wash bay areas, on or about December 23, 2023, Entry Supervisor #1 did not ensure that all tests specified by the permit had been conducted in Tank 1013 prior to endorsing the permit, exposing employees to explosion, asphyxiation and inhalation hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 2, item number 1, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
Citation 2 Item 8
Type of Violation: Repeat – Serious; $88,721
29 CFR 1910.146(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:
a) At the wash bay areas, on or about December 23, 2023, Entry Supervisor #2 did not ensure that all tests specified by the permit had been conducted in Tank TIFU350268-6 prior to endorsing the permit, exposing employees to explosion hazards.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1453365, citation number 2, item number 1, and was affirmed as a final order on February 8, 2021, with respect to a workplace located at 5100 Underwood Road, Pasadena, Texas.
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