At 4:30 p.m. on March 26, 2019, a contractor working at an asphalt refinery in AL entered a Permit-Required Confined Space to take a video of a reactor section when he lost air supply and was asphyxiated. OSHA cited the industrial contractor for failing to ensure personnel outside the PRCS were capable of providing effective rescue, for allowing an employee to enter the permit-required confined space with insufficient lighting equipment, and for assigning members of the rescue team other duties that prevented them from responding to an emergency event. OSHA cited the refiner for failing to ensure that the confined space entry permits identified all hazards of the space, and document that all the steps required to ensure the employee’s safety in a confined space were completed. OSHA also cited the facility for failing to ensure, through periodic evaluations, that the contractor fulfilled their obligations as specified in the Process Safety Management standard.
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Violation Summary
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|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Total | |
| Initial Violations | 5 | 2 | 7 | ||
| Current Violations | 5 | 2 | 7 | ||
| Initial Penalty | $66,300 | $0 | $0 | $0 | $66,300 |
| Current Penalty | $66,300 | $0 | $0 | $0 | $66,300 |
| Violation Items | ||||||||
|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | Contest |
| 1. | 01001 | Serious |
19100146 D04 V – Lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency |
09/24/2019 | 10/28/2019 | $13,260 | $13,260 | 10/21/2019 |
| 2. | 01002 | Serious |
19100146 E01 – 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. |
09/24/2019 | 10/28/2019 | $13,260 | $13,260 | 10/21/2019 |
| 3. | 01003A | Serious | 19100146 F07 – The hazards of the permit space to be entered; | 09/24/2019 | 10/28/2019 | $13,260 | $13,260 | 10/21/2019 |
| 4. | 01003B | Serious |
19100146 F11 – The rescue and emergency services that can be summoned and the means (such as the equipment to use and the numbers to call) for summoning those services; |
09/24/2019 | 10/28/2019 | $0 | $0 | 10/21/2019 |
| 5. | 01003C | Serious |
19100146 F13 – Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this section |
09/24/2019 | 10/28/2019 | $0 | $0 | 10/21/2019 |
| 6. | 01004 | Serious |
19100146 K01 III A – Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; |
09/24/2019 | 10/28/2019 | $13,260 | $13,260 | 10/21/2019 |
| 7. | 01005 | Serious |
19100146 K02 II – Train affected employees to perform assigned rescue duties. The employer must ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant, as provided by paragraphs (g) and (h) of this section; |
09/24/2019 | 10/28/2019 | $13,260 | $13,260 | 10/21/2019 |
| 8. | 03001 | Other |
19100146 E02 – Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorize entry. |
09/24/2019 | 10/28/2019 | $0 | $0 | 10/21/2019 |
| 9. | 03002 | Other |
19100146 G04 – The employer shall certify that the training required by paragraphs (g)(1) through (g)(3) of this section has been accomplished. The certification shall contain each employee’s name, the signatures or initials of the trainers, and the dates of training. The certification shall be available for inspection by employees and their authorized representatives. |
09/24/2019 | 10/28/2019 | $0 | $0 | 10/21/2019 |
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