At least once a year some company who got a VPP approval tries to use that approval as a vehicle to get out of a citation. In this OSHRC case, a contractor at a chemical facility had a tankcar cleaning accident that claimed the life of a worker. The worker entered a railcar to retrieve a gasket and died from H2S exposure. There was no entry permit, no atmospheric monitoring, etc. OSHA cited the contractor for Respirators, HAZCOM, and overexposures. The company tried two defenses – BOTH failed! Defense #1 – OSHA can not cite the safety programs after they “certified them VPP” and Defense #2 – Railcar cleaning does not fall under OSHA, but rather FRA. More specifically this case discusses
- using personal detectors set to alarm at less than the PEL as an acceptable means to evaluate exposures for the use of respirators
- contractors access to MSDS when the MSDS is controlled by the host
- HAZCOM training