This case is one for the record books! Reading this decision is like reading a mystery novel like “Clue.” The ALJ literally eats up some of the witnesses and calls them liars. The official case files have names redacted because of the back-and-forth between the company and ex-employees. BOTTOM LINE… a company can not claim they comply with BOTH 1910.146(c)(5) and (c)(7) at the same time, and tanker trailers can be PRCSs that fall under OSHA jurisdiction.
And when a supervisor breaks the rules, “employee misconduct” is extremely difficult to prove. The one thing I took from this case file…
BE PROFESSIONAL in all your work, DOCUMENT your work, and ALWAYS DO THE RIGHT THING!
NOTE: Due to the length of this case report, I have highlighted the key areas regarding the OSHRC’s view on confined space safety, reclassification (c)(7), and alternative entry (c)(5).
