The Department of Labor & Industries (L&I), also known as WA-OSHA, has cited a landscaping business for multiple safety violations related to the death of a worker, 19, last July. He was killed by a rotating auger while working inside the hopper of a bark-blower truck. The company has been cited for two willful and 14 serious violations, with penalties totaling $199,000. The employer has also been identified as a severe violator and will be subject to follow-up inspections to determine if the conditions still exist in the future. Following the July incident, L&I issued a bark and mulch-blower hazard alert to warn others in the landscaping business of the danger of working in hoppers while the equipment is running. The L&I investigation found workers were regularly assigned to clear jams in the bark-blower truck hoppers while the hoppers were operating. This exposed them to three very hazardous elements: a floor conveyor belt, two rotating-screw conveyors (angled augers) and a rotating stir rod. Exposure to any of these parts of the equipment could potentially result in entanglement, causing severe crushing injuries or death. The employer was cited for two willful violations:
- for not ensuring lockout/tagout procedures were regularly used; it carries a penalty of $56,000
- for not training the employees in the proper use of those critical procedures; it carries a penalty of $52,000
Additionally, working in the hopper of bark-blower trucks exposed workers to “confined space” hazards. Twelve of the serious violations cited were for failure to implement safe work practices when entering a permit-required confined space. Two other serious violations were cited for not having an effective accident prevention program and for failure to document lockout/tagout procedures. Each of these violations carries a $6,500 penalty.
Here is a breakdown of the citations:
Violation 1 Item 1
Violation Type: Willful; $56,000
WAC 296-803-50005
The employer did not ensure that energy control procedures were used when employees worked in the hoppers of the bark blower delivery trucks. Lock out/tag out procedures were not implemented to control all energy sources for the blower system.
Employees worked in the hopper of a bark blower truck which contained a blower system consisting of 3 elements identified as a floor conveyor belt, 2 rotating screw conveyors (angled augers) which included a rotating stir rod, and a rotating feeder, which could potentially entangle employees, causing severe crushing injuries, severe permanent disabilities, or death.
Violation 1 Item 2a
Violation Type: Willful; $52,000
WAC 296-803-60005
The employer did not ensure that employees were trained or instructed on the use of energy control (lockout/tagout) procedures while working on and around the bark blower trucks.
Employees, who were regularly assigned to clear jams in the bark blower truck hoppers, were exposed to a blower system consisting of 3 elements identified as a floor conveyor belt, 2 rotating screw conveyors (angled augers) which included a rotating stir rod, and a feeder system, which could potentially entangle employees, causing severe crushing injuries, severe permanent disabilities, or death.
Violation 1 Item 2b
Violation Type: Willful; Grouped
WAC 296-800-14020
The employer did not develop and enforce a safety and health training program that was effective in practice and included adequate instruction for employees about the hazards of working on and around bark blower trucks.
Employees, who were regularly assigned to clear jams in the bark blower truck hoppers, were exposed to a blower system consisting of 3 elements identified as a floor conveyor belt, 2 rotating screw conveyors (angled augers) which included a rotating stir rod, and a feeder system, which could potentially entangle employees, causing severe crushing injuries, severe permanent disabilities, or death.
Violation 2 Item 1
Violation Type: Serious; $6,500
WAC 296-809-20002
The employer did not identify permit-required confined spaces, in that the hoppers of the bark blower trucks were not identified as such.
These trucks are dispatched from facilities operated by the employer on Smith Island, in Everett, WA, and in Maltby, WA. Uncontrolled entry into confined spaces can result in serious injuries and loss of life.
Violation 2 Item 2
Violation Type: Serious; $6,500
WAC 296-809-20004(1)
The employer did not inform affected employees about the existence, location, and danger of permit-required confined spaces, in that employees were not informed that the hoppers of bark blower trucks were permit required confined spaces.
Uncontrolled entry into permit-required confined spaces, such as the hoppers of bark blower trucks, can result in serious injuries and loss of life.
Violation 2 Item 3
Violation Type: Serious; $6,500
WAC 296-809-20004(2)
The employer did not prevent unauthorized access to permit-required confined spaces in that employees were allowed to enter the hoppers of bark blower trucks and work in them while mechanical equipment was in operation.
Uncontrolled entry into permit-required confined spaces, such as the hoppers of bark blower trucks, can result in serious injuries and loss of life.
Violation 2 Item 4
Violation Type: Serious; $6,500
WAC 296-809-40002
The employer did not provide training to each employee involved in permit-required confined space activities, so that they acquire the understanding, knowledge and skills necessary to safely perform assigned duties.
Entry into permit-required confined spaces without adequate training can result in serious injury or death.
The following additional correction documentation is required for this violation: Training records to document training on permit-required confined spaces
Violation 2 Item 5
Violation Type: Serious; $6,500
WAC 296-809-30002
The employer did not include procedures for entering the hoppers of the bark blower trucks in their written permit-required confined space entry program.
Uncontrolled entry into permit-required confined spaces can result in serious injuries and loss of life.
The following additional correction documentation is required for this violation: Please provide a copy of the revised written permit-required confined space entry program, which has been tailored to include confined spaces controlled by the employer, as appropriate.
Violation 2 Item 6
Violation Type: Serious; $6,500
WAC 296-809-50002
The employer did not implement procedures for entry permits in order to identify and evaluate potential hazards inside the hoppers of the bark blower trucks.
Uncontrolled entry into permit-required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 7
Violation Type: Serious; $6,500
WAC 296-809-50004
The employer did not ensure that entry permits were used for permit-required confined space entries that involved the hoppers of bark blower trucks.
A permit should have been used which included the following information:
- The space to be entered
- The purpose of the entry
- The date and the authorized duration of the entry permit
- The hazards of the space to be entered
- The acceptable entry conditions
The appropriate measures used before entry to isolate the space, and eliminate or control hazards.
Uncontrolled entry into permit-required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 8
Violation Type: Serious; $6,500
WAC 296-809-50010
The employer did not ensure that proper equipment was provided, maintained, and used during permit-required confined space entries that involved the hoppers of bark blower trucks.
Equipment that was not available included a number of items, such as:
- Fall protection equipment for positioning within the hopper
- A ladder for egress from the interior of the hopper
- A remote control for shutting down mechanical equipment in the hopper
Uncontrolled entry into permit-required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 9
Violation Type: Serious; $6,500
WAC 296-809-50018
The employer did not ensure that entry supervisors were used to perform required duties as part of permit required confined space entries that involved the hoppers of bark blower trucks. Uncontrolled entry into permit required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 10
Violation Type: Serious; $6,500
WAC 296-809-50020
The employer did not ensure that an attendant was used to perform required duties as part of permit-required confined space entries that involved the hoppers of bark blower trucks.
Uncontrolled entry into permit-required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 11
Violation Type: Serious; $6,500
WAC 296-809-50022
The employer did not ensure that entrants knew the hazardous conditions and their required duties inside permit-required confined spaces, in that employees entering the hoppers of bark blower trucks were not provided with this information.
Uncontrolled entry into permit-required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 12
Violation Type: Serious; $6,500
WAC 296-809-50014(1)
The employer did not ensure that adequate rescue and emergency services were available prior to allowing permit-required confined space entries into the hoppers of bark blower trucks.
Uncontrolled entry into permit required confined spaces can result in serious injuries and loss of life.
Situation not believed to exist any longer. However, if this violation is identified again during future inspections, it may result in repeat or failure to abate violations which may include penalties.
Violation 2 Item 13
Violation Type: Serious
WAC 296-800-14005
The employer’s written Accident Prevention Program (APP) was not tailored to include hazards associated with working in the hoppers of bark blower trucks, in that a safe operating procedure had not been documented for addressing bridging and tunneling problems known to occur in the bark blower trucks.
The following additional correction documentation is required for this violation: Provide a copy of the written accident prevention program, which has been tailored to address the types of hazards involved with operations at your company
Violation 2 Item 14
Violation Type: Serious; $6,500
WAC 296-803-20005
The employer did not develop and document energy control procedures for the employees working in and around the bark blower trucks.
Employees worked in the hopper of a bark blower truck which contained a floor conveyor belt, 2 rotating screw conveyors (angled augers), a rotating stir rod, and a rotating feeder, which could potentially entangle employees, causing severe crushing injuries, severe permanent disabilities, or death.
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