This OSHRC case involved laundry company who uses industrial sized washing machines which are correctly classified as a Permit-Required Confined Space (PRCS). OSHA inspected the facility, and the CSHO discovered that the calibration gas used to calibrate the direct reading meter that would be used for testing the atmosphere inside the continuous batch washers (CBW) has expired 18 months earlier. The OSHRCS affirmed the citation.
Item 3 alleges a repeat violation of 29 C.F.R. § 1910.146(d)(4)(i), which states that an employer must:
(4) Provide the following equipment (specified in paragraphs (d)(4)(i) through (d)(4)(ix) of this section) at no cost to employees, maintain that equipment properly, and ensure that employees use that equipment properly: (i) Testing and monitoring equipment needed to comply with paragraph (d)(5) of this section.
The parties have stipulated that the continuous batch washer CBW is a permit-required confined space that could be entered to clear a jam or for other maintenance. The Secretary alleges that the company did not properly maintain the Ph.D. Plus Atmospheric Monitor (“Ph.D. monitor” or “meter”). The Ph.D. monitor is used to test for a potentially hazardous atmosphere in a CBW entry. The parties stipulated that the manufacturer recommends that the meter is calibrated no more than a month prior to its use. The gas used to calibrate the meter at the company’s facility expired prior to 2007 – more than 18 months before the inspection. The company asserts this item should be vacated because there was no entry into the CBW, and therefore no exposure, in the six months before the citation. However, as discussed above, the Secretary need only show that employees could be exposed to the hazard in the normal course of their duties. Here, employees could enter a CBW to clear a jam or for other maintenance. The Secretary has shown potential employee exposure.
The company also argues that this item should be vacated because there is no proof the expired calibration gas was defective. However, the company’s witness, Mr. XXXXXXX, testified that he would not recommend the use of expired calibration gas to his clients. He further testified that expired calibration gas could result in an inaccurate reading for certain atmospheric gases while providing an accurate reading for other gases. The company’s argument that expired calibration gas was acceptable is rejected.
This case is analogous to Suttles Truck Leasing, Inc., 20 BNA OSHC 1953, 1970 (Nos. 97-0945 & 97-0546, 2004). In Suttles, the employer did not provide a calibration kit for its combustible gas meter. The Commission stated that “[b]ecause it is clear from the standard that testing equipment must be properly calibrated, we find that Suttles violated the standard by not having the capability to calibrate its meter.” Based on the record, I conclude that the company did not properly maintain its monitoring equipment for use in a confined space entry. This citation item is affirmed. The penalty for this item is addressed below.
Citation 1, Item 3, alleging a serious violation of 29 C.F.R. § 1910.146(d)(4)(i), is AFFIRMED, and a penalty of $2,125 is assessed.
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