OSHA has cited a container cleaning business for exposing employees to confined space hazards after two employees were fatally overcome by fumes while cleaning a tank trailer. The company faces $497,920 in penalties. OSHA investigators determined that one employee became unresponsive after entering the trailer’s confined space. After a non-entry retrieval system used to rescue the worker failed, several employees entered the tank in an attempted rescue when a second employee became unresponsive. OSHA cited the facility for a willful and two repeat violations for confined space hazards, including failing to conduct appropriate tests to ensure atmospheric conditions were safe for entry. Here is a breakdown of the citations:
Citation 1 Item 1
Type of Violation: Serious; $13,494
29 CFR 1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:
a) At the facility, 704 specialty tank cleaning area and yard: On or about December 28, 2019 respirator selection was not appropriate for the hazards present during opening, assessing or venting of chemical waste containers.
Citation 1 Item 2
Type of Violation: Serious; $13,494
29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant’s chemical state and physical form:
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 a reasonable estimate of employee exposure was not determined for cleaning technicians during opening, assessing or venting of chemical waste containers.
Citation 1 Item 3
Type of Violation: Serious; $13,494
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 facility, 704 specialty tank cleaning area: On or about December 28, 2019 cleaning technicians were authorized to enter a permit space for cleaning without testing for acceptable entry conditions.
Citation 1 Item 4
Type of Violation: Serious; $13,359
29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 the training provided for employees performing tank trailer cleaning tasks did not establish understanding, knowledge or skills to safely perform rescue duties.
Citation 1 Item 5
Type of Violation: Serious; $13,494
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, Permit Required Confined Spaces:
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 adequate training was not provided for night shift cleaning technicians when operational hazards increased.
Citation 1 Item 6
Type of Violation: Serious; $13,494
29 CFR 1910.146(k)(4): Safety Data Sheets or other similar written information required to be kept at the worksite were not made available to the medical facility treating entrants exposed to a hazardous substance:
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 the medical facility treating entrants was not provided with accurate information pertaining to worker exposure to hazardous substances.
Citation 1 Item 7
Type of Violation: Serious; $13,494
29 CFR 1910.1200(h)(2): Employees were not informed of the location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets as required by this section.
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 tank cleaning technicians were not informed of the location and availability of hazardous chemical information.
Citation 2 Item 1
Type of Violation: Willful; $134,937
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 are in place before endorsing the permit and allowing entry to begin:
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 the entry supervisor did not ensure appropriate test entries were made on the permit prior to authorizing cleaning technicians to enter a permit space.
Citation 3 Item 1
Type of Violation: Repeat; $134,937
29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry.
a) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 employees that were not authorized to conduct entry rescue entered a permit space to attempt rescue of three employees.
b) At the facility, 704 specialty tank cleaning area: On or about December 28, 2019 the employer did not implement entry rescue procedures when employees entered permit spaces with internal configuration not conducive to non-entry rescue.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1404259, citation number 01, item number 002 and was affirmed as a final order on November 14, 2019, with respect to a workplace located in Pasadena, TX.
Citation 3 Item 2
Type of Violation: Repeat; $134,937
29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:
a) At the facility, 740 specialty tank cleaning area: On or about December 28, 2019 employees cleaning tanker truck T16129 were not aware of the physical and health effects of apshyxiants.
The business was previously cited for a violation of this occupational safety and health standard, which was contained in OSHA inspection number 1404259, citation number 01, item number 004 and was affirmed as a final order on November 14, 2019, with respect to a workplace located in Pasadena, TX.
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