OSHRC gets it wrong on 1910.1469(k) Rescue Plans

This case involved an industrial laundry company which uses continuous batch washers (CBW) which were correctly defined as a Permit-Required Confined Space (PRCS). During an OSHA inspection, the Compliance Officer (CO) took issue with the facility’s rescue plan from a CBW. After reading this case, I too took issue with their rescue plan; however, since the secretary was unable to explain the rescue requirements effectively, the citation(s) regarding rescue (k) were vacated! The main point of this citation was that the local FD was the “rescuer”; however, they were NOT qualified for “entry rescue” and the facility claimed the FD would cut a hole in the side of the CBW and perform rescue!?!?!?!?! This is hogwash, and this “rescue technique” was never practiced, yet the OSHRC did not see it this way. The FD and facility both admitted that if “entry rescue” was needed that two (2) other FD’s about 30 minutes away would have to be called and neither of these FDs had visited the site or performed any evaluation of the site and the site had never evaluated them. Yet again, the OSHRC vacated the citation(s).  Here is the discussion…

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