At 12:30 p.m. on June 7, 2021, an employee entered a sewer manhole to estimate the amount of materials needed to perform a manhole repair when the employee was overcome by high levels of hydrogen sulfide at the base of the manhole shortly after entry. The employee did not perform atmospheric monitoring and had not donned his harness with a rescue tripod before entry into the confined space. A four gas monitor and rescue equipment were located in the employee’s work vehicle. Coworker #1 (attendant) and Coworker #2 (helper) were not trained or equipped for performing a confined space entry rescue. A volunteer fire department responded within 8 minutes and performed the confined space entry rescue shortly after arrival. The employee was killed by overexposure to hydrogen sulfide (H2S).
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Violation Summary
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|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Total | |
| Initial Violations | 5 | 5 | |||
| Current Violations | 4 | 4 | |||
| Initial Penalty | $25,745 | $0 | $0 | $0 | $25,745 |
| Current Penalty | $20,284 | $0 | $0 | $0 | $20,284 |
| Violation Items | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Contest | LastEvent | |
| 1. | 01001A | Serious |
1910.134(g)(1)(i)(A) Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or |
11/29/2021 | 12/28/2021 | $3,901 | $3,901 | Z – Issued | ||
| 2. | 01001B | Serious |
1910.146(d)(3)(vi) Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry. |
11/29/2021 | 01/28/2022 | $0 | $0 | Z – Issued | ||
| 3. | 01001C | Serious | 19101048 D02 | 11/29/2021 | 12/28/2021 | $0 | $0 | Z – Issued | ||
| 4. | 01002A | Serious |
1910.146(d)(3)(iv) Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards; |
11/29/2021 | 01/28/2022 | $5,461 | $5,461 | Z – Issued | ||
| 5. | 01002B | Serious |
1910.146(d)(5)(i) Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system (such as a sewer), pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working; |
11/29/2021 | 01/28/2022 | $0 | $0 | Z – Issued | ||
| 6. | 01002C | Serious |
1910.1000(b)(2) Acceptable ceiling concentrations. An employee’s exposure to a substance listed in Table Z-2 shall not exceed at any time during an 8-hour shift the acceptable ceiling concentration limit given for the substance in the table, except for a time period, and up to a concentration not exceeding the maximum duration and concentration allowed in the column under “acceptable maximum peak above the acceptable ceiling concentration for an 8-hour shift.” |
11/29/2021 | 12/28/2021 | $0 | $0 | Z – Issued | ||
| 7. | 01003 | Serious |
1910.146(e)(1) Before entry is authorized, the employer shall document the completion of measures required by paragraph (d)(3) of this section by preparing an entry permit. |
11/29/2021 | 12/28/2021 | $5,461 | $5,461 | Z – Issued | ||
| Deleted | 8. | 01004 | Serious |
1910.146(k)(2)(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. |
11/29/2021 | 12/28/2021 | $5,461 | $5,461 | Z – Issued | |
| 9. | 01005 | Serious |
1910.146(k)(3) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements. |
11/29/2021 | 12/28/2021 | $5,461 | $5,461 | Z – Issued | ||
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