OSHA has cited a trucking business for 11 safety and health violations, including one willful, for deficiencies in its permit-required confined space program and other workplace hazards. An inspection began in April after a temporary worker, who was cleaning the inside of a tanker trailer without proper training, was found unconscious and later died from an oxygen-deficient atmosphere. A willful violation was cited for failing to maintain air monitoring equipment and evaluate permit-required confined space conditions before entry.
The seven serious violations cited include the following:
- failing to guard open floor holes to prevent falling into the next level;
- stabilize a platform used to access a tanker cleaning area with railings or posts to prevent fall hazards; and
- train workers on confined spaces and hazard communications.
The employer also failed to implement the following written programs:
- respirator
- confined space and
- hazard communications
The three other-than-serious violations involve:
- the availability of confined space training certifications and
- ensuring drums and totes containing chemicals were properly labeled with identity and hazard warnings.
Here is a breakdown of the OSHA Citations:
Citation 1 Item 1a
Type of Violation: Serious; $7000.00
29 CFR 1910.23(a)(8)(ii): Every floor hole into which persons can accidentally walk were not guarded by a floor hole cover of standard strength and construction:
On or about April 29, 2009, and at times prior thereto, at the west side of the tank wash bay area, the employer did not take precautions to ensure that employees walking/working in the area did not accidentally trip, slip or fall into the floor holes where metal grates were absent.
Citation 1 Item 1b
Type of Violation: Serious; GROUPED
29 CFR 1910.23(e)(3)(iv): The anchoring of posts and framing of members for railings of all types was not of such construction that the completed structure was not capable of withstanding a load of at least 200 pounds applied in any direction at any point on the top rail:
On or about April 29, 2013, and at times prior thereto, at the truck tank wash east bay, the employer did not ensure the anchoring of posts and framing of members for railings on the cantilever platform to the fixed ladder was capable of withstanding an applied load. This condition exposed employees to fall hazards at heights greater than 13 feet to the finished surface below.
Citation 1 Item 2a
Type of Violation: Serious; $5500.00
29 CFR 1910.134(c)(l): A written respiratory protection program that included the provisions in 29 CFR 1910.134(c)(l)(i)- (ix) with worksite specific procedures was not established and implemented for required respirator use:
On or about April 29, 2013, for the benefit and protection of employees required to wear full-face respirators with organic vapor cartridges performing such as, but not limited to interior truck tank trailer cleaning activities, the employer did not establish and implement a written respiratory protection program with worksite-specific procedures.
Citation 1 Item 2b
Type of Violation: Serious; GROUPED
29 CFR 1910.134(c)(3): The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness:
On or about March 4, 2013, at the job site, the employer did not have a designated program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection of employees required to wear full-face respirators while performing interior cleaning activities on various truck trailer tanks which contained hazardous chemical vapors and to conduct required evaluations of program effectiveness.
Citation 1 Item 3
Type of Violation: Serious; $3300.00
29 CFR 1910.134(h)(1)(i): Respirators issued for the exclusive use of an employee were not cleaned and disinfected as often as necessary to be maintained in a sanitary condition:
On or about April 29, 2013, at the truck trailer tank wash bay area, respirators issued for use by tank washers were being stored in the open on the metal tank wash platform shelving and floor, exposing them to any airborne contaminants, dust, dirt and water.
Citation 1 Item 4a
Type of Violation: Serious; $7000.00
29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees properly used rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9):
On or about April 29, 2013, and at times prior thereto, at the jobsite, the employer did not ensure that employees properly used rescue and emergency equipment. Employees were entering tank trailers to perform cleaning activities without donning with rescue and emergency equipment for quick retrieval in case of an emergency. This created an asphyxiation hazard to employees inside the tank.
Citation 1 Item 4b
Type of Violation: Serious; GROUPED
29 CFR 1910.146(d)(9): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue:
On or about April 29, 2013, and at times prior thereto, at the jobsite, for employees required to work in or near permit-confined spaces the employer did not develop and implement program measures for rescuing entrants from permit spaces, providing emergency services with information about rescue retrieval equipment required to perform rescue and for preventing unauthorized personnel from attempting a rescue. This created a condition to a delay in rescue.
Citation 1 Item 4c
Type of Violation: Serious; GROUPED
29 CPR 1910.146(k)(3)(i): Each authorized entrant did not use a chest or full body harness, with a retrieval line attached at the center of the entrant’s back near shoulder level, or above the entrant’s head. NOTE: Wristlets may be used in lieu of the chest or full body harness ifthe employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative.
On or about April 29, 2013, and at times prior thereto, at the job site, the employer did not ensure that employees entering the tank trailers to perform cleaning were adorned with retrieval equipment including but not limited to chest or full body harness, with retrieval line attached or wristlets for quick retrieval in case of an emergency. This created a condition to hazards of asphyxiation.
Citation 1 Item 5a
Type of Violation: Serious; $7,000
29 CFR 1910.146(d)(6): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:
On or about April 29, 2013, and at times prior thereto, at Truck tank trailer T217 5, the employer did not enforce that at least one attendant remain outside the permit space before and during the periods in which the authorized employee is inside the permit space. An employee was performing cleaning activities inside a tank trailer when the attendant at the outer dome of the tank went over to the main rack to get the sprayer and relocate it to end of the tank trailer.
Citation 1 Item 5b
Type of Violation: Serious; GROUPED
29 CFR 1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations, identify the duties of each such employee, and did not provide each such employee with the training required by paragraph (g) of this section:
On or about April 29, 2013, and at times prior thereto, at truck tank trailer T2175, the employer did not designate the persons who are to have active roles in testing or monitoring the atmosphere, entrance and rescue in a permit required confined space or provide each such employee with the required training necessary to perform such tasks. As a result an untrained employee entered the confined space and was overcome by the hazardous atmosphere, the attendant had left the confined space unattended and there was a delay in rescue operations due to untrained personnel available to affect the rescue.
Citation 1 Item 5c
Type of Violation: Serious
29 CFR 1910.146(g)(1): The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.
On or about April 29, 2013, and at times prior thereto, at truck tank trailer T2175, the employer did not designate the persons who are to have active roles as, attendants, entrants, rescue, and in testing or monitoring the atmosphere in a permit space, and provide each such employee with the required training necessary to perform such tasks. As a result, the attendant did not remain outside the space while it was occupied, an employee standing outside the dome of the tank trailer was not trained on the duties involved in entry of permit-required confined space, neither the entrant or the attendant were trained in atmospheric monitoring and testing equipment use, and an employee was allowed to enter the confined space to perform cleaning activities without prior monitoring and testing of the interior atmospheric conditions.
Citation 1 Item 6
Type of Violation: Serious; $7,000
29 CFR 1910.303(g)(2)(i): Except as elsewhere required or permitted by Subpart S of Part 1910, live parts of electric equipment operating at 50 volts or more were not guarded against accidental contact by use of approved cabinets or other forms of approved enclosures or by any of the means identified in paragraphs (A), (B), (C), and (D) of29 CFR 1910.303(g)(2)(i):
On or about April 29, 2009, and at times prior thereto, in the Tank Wash office, the employer did not ensure that circuit breaker panel had approved enclosures and that all missing covers were replaced. This created a condition for employees to be exposed to hazards of electrical shock or bums.
Citation 1 Item 7a
Type of Violation: Serious; $5500.00
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:
On or about April 29, 2013, and at times prior thereto, at the job site, the employer did not develop, implement, and maintain a written hazard communication program for hazardous chemicals/products including but not limited to Cajun Brown; Phenolic Plywood Resin, Modified and Crude tall oils, exposing employees to respiratory system and dermal hazards.
Citation 1 Item 7b
Type of Violation: Serious; GROUPED
29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i) through (h)(3)(iv):
On or about April 29, 2009, and at times prior thereto, at the job site, the employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial training.
Instance a: Employees performing truck tank trailer job I task had not received effective information and training on employer methods and observations used to detect the presence or release of a hazardous chemicals inside the tank such as monitoring conducted by the employer, continuous monitoring devices, odor of hazardous chemicals.
Instance b: Employees performing truck tank trailer job I task had not received effective information and training which included recognition of the physical and health hazards of the chemicals in the work area.
Instance c: Employees performing truck tank trailer job I task had not received effective information and training on the details of a hazard communication program by the employer, including an explanation of the labeling system and the safety data sheet, and how employees can use the appropriate hazard information.
Citation 2 Item 1a
Type of Violation: Willful; $70,000.00
29 CPR 1910.146(d)(4)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5) was maintained properly:
On or about April 29, 2013, and at times prior thereto, at the job site, the employer did not ensure that the testing and monitoring equipment required to comply with a permit-confined space program was maintained properly. Employees entering tank trailers to perform cleaning activities were unable to test and monitor the internal atmospheric conditions of the tank. This created an asphyxiation hazard to employees inside the tank.
Citation 2 Item 1b
Type of Violation: Willful; GROUPED
29 CFR 1910.146(d)(5)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin:
On or about April 29, 2013, and at times prior thereto, at the job site, the employer did not ensure employees were conducting testing of the tank trailers prior to authorizing entry to perform tank cleaning activities. Employees were entering tank trailers to perform cleaning activities without conducting atmospheric testing for hazardous levels of oxygen, flammable gases and vapors and potential toxic air contaminants. This created a condition to hazards of asphyxiation.
Citation 3 Item 1
Type of Violation: Other-than-Serious; $1100.00
29 CFR 1910.146(g)(4): The employer did not make the training certifications required by 29 CFR 1910.146(g)(l) through 29 CFR 1910.146(g)(3) available for inspection by employees and their authorized representatives:
On or about April 29, 2013, and at times prior thereto, at the job site, employees enter permit-required confined space to routinely clean chemical residue from the interior of truck tank trailers. The employer did not ensure that each affected employee received effective confined space training and acquired the understanding knowledge and skills necessary to perform their duties. The employer did not provide certification including, but not limited to employee’s name, the signatures or initials of the trainers, and the dates of training. The certification was not made available for inspection by employees and their authorized representatives.
Citation 3 Item 2
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.1200(f)(5)(i): Identity of the hazardous chemical(s) contained therein; and,
On or about April 29, 2013, and at times prior thereto, at tank wash bay area, the employer did not ensure that containers, totes, and/or drums containing chemicals and other substances, including but not limited to resin, crude tall oil, etc. were labeled to indicate their contents.
Citation 3 Item 3
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.1200(f)(5)(ii): Appropriate hazard warnings, or alternatively, words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals, and which, in conjunction with the other information immediately available to employees under the hazard communication program, will provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.
On or about April 29, 2013, and at times prior thereto, at tank wash bay area, the employer failed to have appropriate hazard warnings for containers, totes, and/or drums containing chemicals and other substances, including but not limited to resin, crude tall oil, etc. with labeling to indicate their contents.
Proposed penalties total $113,400.
The citations can be viewed at: http://www.osha.gov/ooc/citations/Sherman_Brothers_Trucking_903056_1028_13.pdf.
