I normally do not share construction accidents, as I am not a construction safety professional. I would not even attempt to play one on TV! However, this case is an excellent example for the general industry and those who work with hazardous chemicals. One of the reasons why my HAZCOM training is 2+ hours is I teach workers how to read an SDS. Far too many have no idea what Vapor/Gas Density is and how it can affect them. This fatal OSHA case is a perfect example of how this lack of knowledge impacts workers.
NIOSH definition:
Vapor density refers to the relative weight of a gas or vapor compared to air, with air having an arbitrary value of 1; a vapor density less than 1 indicates a lighter-than-air vapor, while a value greater than 1 indicates a heavier-than-air vapor.
On July 20, 2023, construction laborers, Employee #1 and Employee #2 waterproofed the basement walls of a residence. They were digging a trench and looking for leaks using toluene. One employee lost consciousness, and the other entered the excavation in a rescue attempt but also lost consciousness. The employees' family members were alerted when they did not return home and went looking for them around 7:30 p.m. At 9:30 p.m., they called the fire department after the employees were found unconscious. The fire department took atmospheric readings and donned their SCBAs to perform the rescue. Employee #1 died, and Employee #2 was hospitalized to treat asphyxia and inhalation of toluene vapors.
| Violations/Penalties | Serious | Willful | Repeat | Total |
|---|---|---|---|---|
| Initial Violations | 3 | 3 | ||
| Current Violations | 3 | 3 | ||
| Initial Penalty | $14,517 | $0 | $0 | $14,517 |
| Current Penalty | $14,517 | $0 | $0 | $14,517 |
| # | Citation ID | Citaton Type | Standard Cited | Issuance Date | Current Penalty | Initial Penalty | Contest | Latest Event | Note |
|---|---|---|---|---|---|---|---|---|---|
| 1. | 01001 | Serious | 19100134 A01 | 01/19/2024 | $4,839 | $4,839 | Z – Issued | ||
| 2. | 01002A | Serious | 19101200 E01 | 01/19/2024 | $4,839 | $4,839 | Z – Issued | ||
| 3. | 01002B | Serious | 19101200 G01 | 01/19/2024 | $0 | $0 | Z – Issued | ||
| 4. | 01003A | Serious | 19260651 G01 I | 01/19/2024 | $4,839 | $4,839 | Z – Issued | ||
| 5. | 01003B | Serious | 19260651 G01 II | 01/19/2024 | $0 | $0 | Z – Issued |
29 CFR 1910.134(a)(1): Atmospheric contamination was not prevented through the use of engineering controls, such as, but not limited to enclosure or confinement of the operation, general and local ventilation, or substitution of less toxic materials: On or about July 20, 2023, employees using Mel-Prime water proofing adhesive that contained 45 to 50 percent toluene in an excavation were exposed to hazardous vapors. An employee was exposed to levels that were above the IDLH level of 500ppm and was fatally injured.
29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met: (Construction Reference: 1926.59): On or about July 20, 2023, employees performed construction activities such as waterproofing using chemical products including, but not limited to, Mel-Prime water proofing adhesive that contained 45 to 50 percent toluene. A written hazard communication program was not developed to promote the safe handling and use of the hazardous chemical products.
29 CFR 1910.1200(g)(1): Employers did not have a safety data sheet in the workplace for each hazardous chemical which they use: On or about July 20, 2023, employees performed construction activities such as waterproofing using chemical products including, but not limited to, Mel-Prime water proofing adhesive that contained 45 to 50 percent toluene. Safety data sheets were not available.
29 CFR 1926.651(g)(1)(i): Where oxygen deficiency (atmosphere containing less than 19.5 percent oxygen) or a hazardous atmosphere existed or could reasonably be expected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation were not tested before employees entered excavations greater than 4 feet (1.22 m) in depth: On or about July 20, 2023, at the construction site, a competent person did not identify the excavation used to access the basement where Mel Prime waterproofing adhesive was being applied as a permit required confined space.
29 CFR 1926.651(g)(1)(ii): Adequate precautions were not taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres: On or about July 20, 2023, at the construction site, adequate precautions were not taken when accessing the basement where Mel Prime waterproofing adhesive that contained 45 to 50 percent toluene was being applied. An employee was exposed to levels that were above the IDLH level of 500ppm and was fatally injured.
Source: https://www.osha.gov/ords/imis/establishment.inspection_detail?id=1685229.015