At 11:30 a.m. on August 29, 2021, Employee #1, 32, inserted a tank wash spinner inside a semi-tanker, which later started draining slowly. Employee #1 entered the tanker to find out why it was draining slowly. Employee #1 lost consciousness while inside the tanker and Employee #2, 43, went inside the tanker to render help when he also was overcome by high levels of hydrogen sulfide gas. Both employees died due to toxic gas exposure.
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Violation Summary
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|---|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Unclass | Total | |
| Initial Violations | 5 | 5 | ||||
| Current Violations | 5 | 5 | ||||
| Initial Penalty | $13,600 | $0 | $0 | $0 | $0 | $13,600 |
| Current Penalty | $13,600 | $0 | $0 | $0 | $0 | $13,600 |
| FTA Amount | $0 | $0 | $0 | $0 | $0 | $0 |
| Violation Items | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Contest | LastEvent |
| 1. | 01001 | Serious |
19100132 D02 – The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment. |
02/11/2022 | 02/22/2022 | $2,000 | $2,000 | Z – Issued | |
| 2. | 01002A | Serious |
19100134 C01 – In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement a written respiratory protection program with worksite-specific procedures. The program shall be updated as necessary to reflect those changes in workplace conditions that affect respirator use. |
02/11/2022 | 02/22/2022 | $2,000 | $2,000 | Z – Issued | |
| 3. | 01002B | Serious |
19100134 E02 I – The employer shall identify a physician or other licensed health care professional (PLHCP) to perform medical evaluations using a medical questionnaire or an initial medical examination that obtains the same information as the medical questionnaire. |
02/11/2022 | 02/22/2022 | $0 | $0 | Z – Issued | |
| 4. | 01002C | Serious |
19100134 F01 – The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph. |
02/11/2022 | 02/22/2022 | $0 | $0 | Z – Issued | |
| 5. | 01003 | Serious |
19100134 K – This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more often if necessary. This paragraph also requires the employer to provide the basic information on respirators in appendix D of this section to employees who wear respirators when not required by this section or by the employer to do so. |
02/11/2022 | 02/22/2022 | $2,000 | $2,000 | Z – Issued | |
| 6. | 01004A | Serious |
19100146 C05 II H – The employer shall verify that the space is safe for entry and that the pre-entry measures required by paragraph (c)(5)(ii) of this section have been taken, through a written certification that contains the date, the location of the space, and the signature of the person providing the certification. The certification shall be made before entry and shall be made available to each employee entering the space or to that employee’s authorized representative. |
02/11/2022 | 02/22/2022 | $5,600 | $5,600 | Z – Issued | |
| 7. | 01004B | Serious |
19100146 D01 – Implement the measures necessary to prevent unauthorized entry; |
02/11/2022 | 02/22/2022 | $0 | $0 | Z – Issued | |
| 8. | 01004C | Serious |
19100146 K02 IV – Ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed. |
02/11/2022 | 03/09/2022 | $0 | $0 | Z – Issued | |
| 9. | 01005 | Serious |
19101200 H01 – Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets. |
02/11/2022 | 03/09/2022 | $2,000 | $2,000 | Z – Issued | |

