OSHA fines New Orleans tank cleaner $226K for willful, repeat violations after a worker died, and two others were hospitalized, while they cleaned a rail tank car. The three workers were overcome by a lack of oxygen inside the rail tanker on Oct. 8, 2015. OSHA found the company failed to test the atmosphere inside the tanker before the three employers entered the tank, and to mandate that the workers attach a lifeline to their harnesses to allow a rescue. OSHA has cited the company for the same confined space violations three times before at its locations in Illinois. In April 2012, the agency issued eight serious violations at the company’s IL location. In May 2012, inspectors found nine serious and two willful violations at that location. In July 2014, an investigation found four serious and seven repeat violations. Willful violations include failing to test atmospheric conditions within a confined space before allowing workers to enter and evaluate a rescuer’s ability to respond in a timely manner and function appropriately while rescuing entrants from confined spaces. Serious violations include failing to have a complete respiratory protection program and to medically evaluate and fit test employees before allowing them to use respirators. Repeat violations include failing to take all necessary steps to guarantee safe entry into a confined space, provide fixed points or mechanical devices for retrieving workers from a permit-required space and verify and check appropriate entry conditions on a permit before letting workers enter a confined space.
Here is a breakdown of the citations:
Citation 1 Item 1
Type of Violation: Serious; $5,390
29 CFR 1910.134(d)(2)(i): The employer did not provide a respirator for employee use in IDLH atmospheres:
On or about October 8, 2015, at the New Orleans Facility, the employer failed to ensure that employees were provided respiratory protection equipment necessary to protect the health of each employee.
Citation 1 Item 2
Type of Violation: Serious; $3,850
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace.
On or about October 8, 2015, at the New Orleans Facility, the employer failed to ensure that employees received a medical evaluation prior to implementing respiratory protection for employees.
Citation 1 Item 3
Type of Violation: Serious; $5,390
29 CFR 1910.134(f)(2): Employee(s) using tight-fitting face piece respirators were not fit tested prior to initial use of the respirator.
On or about October 8, 2015, and at times prior thereto, at the New Orleans Facility, the employer failed to ensure that employees had received a quantitative or qualitative fit test, whichever is recommended by the manufacturer.
Citation 1 Item 4
Type of Violation: Serious; $7,000
29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:
On or about October 8, 2015, the employer failed to implement a written confined permit space entry program that complied with 29 CFR 1910.146 at the New Orleans Facility. The employer did not implement a written program that:
a) Established and implemented the means, procedures and practices to eliminate or control hazards necessary for safe permit space entry operations;
b) Identified employee job duties; c) Implemented appropriate procedures for summoning rescue and emergency services, and preventing unauthorized personnel from attempting rescue; and d) Implemented a system for the preparation, issue, use and cancellation of entry permits;
Citation 2 Item 1
Type of Violation: Willful; $70,000
29 CPR 1910.146(d)(5)(i): Under the permit-required confined space program required by 29 CPR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin.
On or about October 8, 2015, at the Rail Wash Station, employees were allowed to enter a railcar that had not been evaluated to determine if the space contained a safe atmosphere.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 2a
Type of Violation: Willful; $70,000
29 CFR 1910.146(k)(1)(i): When designating rescue and emergency services pursuant to paragraph ( d)(9), the employer did not evaluate the prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazards identified:
On or about October 8, 2015, employees were required to enter permit-required confined spaces (i.e., tanker trucks, trailers, and railcars) at the New Orleans tank cleaning facility; the employer failed to ensure that the prospective rescue service was able to respond to the facility in a timely manner.
Citation 2 Item 2b
Type of Violation: Willful; Grouped
29 CFR 1910.146(k)(l)(ii): The employer did not evaluate a prospective rescue service’s ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified.
On or about October 8, 2015, employees were required to enter permit-required confined spaces at the New Orleans tank cleaning facility; the employer failed to ensure that the prospective rescue service had been evaluated to determine their ability to provide rescue from permit spaces maintained onsite (i.e., tanker trucks, trailers, and railcars).
Citation 3 Item 1
Type of Violation: Repeat; $10,780
29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.14(d)(3) by preparing an entry permit.
This violation occurred on or about October 8, 2015, at the New Orleans Facility, when the employer failed to prepare an entry permit prior to an employee entering a railcar.
Company WAS PREVIOUSLY CITED FOR A VIOLATION OF THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD WHICH IS CONTAINED IN OSHA INSPECTION# 388589, CITATION NUMBER 1, ITEM NUMBER 4 AND WAS AFFIRMED A FINAL ORDER ON March 11, 2013, WITH RESPECT TO A WORKPLACE LOCATED in IL.
Citation 3 Item 2
Type of Violation: Repeat; $26,950
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 had been in-place before endorsing the permit and allowing entry to begin.
On or about October 8, 2015, at the New Orleans Facility, the employer failed to ensure that an entry supervisor verified the entry permit for a railcar before entry was allowed. Company was previously cited for a violation of this Occupational Safety and Health Standard, 29CFR 1910.146(j)(2), which was contained in OSHA inspection number 415682, citation number 1, item number 7 and was affirmed as a final order on November 20, 2012 with respect to a workplace located in IL.
Company was previously cited for a violation of this Occupational Safety and Health Standard, 29CFR 1910.146G)(2), which was contained in OSHA inspection number 987019, citation number 2, item number 5 and was affirmed as a final order on May 18, 2015 with respect to a workplace located in IL.
Citation 3 Item 3
Type of Violation: Repeat; $26,950
29 CFR 1910.146(k)(3)(ii): An authorized entrant entered a permit space and did not have the other end of the retrieval line attached to a mechanical device or fixed point outside the permit space in such a manner that rescue could begin as soon as the rescuer becomes aware that rescue is necessary.
This violation occurred on or about October 8, 2015, at the New Orleans Facility, when the employer allowed employees to enter a permit space within a railcar without ensuring that they were attached to a retrieval device or fixed point outside the railcar.
Company was previously cited for a violation of this Occupational Safety and Health Standard, 29CFR 1910.146(k)(3)(ii), which was contained in OSHA inspection number 415682, citation number 2, item number 2 and was affirmed as a final order on November 20, 2012 with respect to a workplace located in IL.
Company was previously cited for a violation of this Occupational Safety and Health Standard, 29CFR 1910.146(k)(3)(ii), which was contained in OSHA inspection number 388589, citation number 1, item number 7 and was affirmed as a final order on March 11, 2013 with respect to a workplace located in IL.
Company was previously cited for a violation of this Occupational Safety and Health Standard, 29CFR 1910.146(k)(3)(ii), which was contained in OSHA inspection number 987019, citation number 2, item number 6 and was affirmed as a final order on 5/18/2015 with respect to a workplace located in IL.
Pursuant to 29 CFR 1903.19, within ten (10) calendar days of abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees entering a permit space are attached to a device or fixed point outside the permit space in order to facilitate employee rescue.
