A worker performing maintenance inside a cement mixer at a concrete manufacturing company narrowly escaped fatal injuries when a co-worker turned the machine on. An OSHA investigation determined that the company’s failure to comply with federal workplace safety standards nearly cost the worker their life.
OSHA learned management knew that federal law required the company to train workers on lockout/tagout and confined space entry procedures before maintenance on the mixer began. Following the March 2, 2022, incident, OSHA issued one willful citation for exposing workers to potential hazards by not developing and using procedures to control hazardous energy and not training employees on the related dangers. OSHA also issued serious citations for other failures by the company, including:
- Not training workers on permit-required confined space hazards and the safety procedures for entering these spaces.
- Failing to train workers on fall hazards and provide fall protection in elevated areas on and around the concrete mixer.
- Failing to periodically inspect their hazardous energy control procedures.
- Not training affected employees on the proper procedures for powering on and off devices requiring lockout/tagout devices.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 1a
Type of Violation: Serious; $14,502
29 CFR 1910.28(b)(1)(i): Employees working on a walking-working surface with unprotected sides and edges 4 feet or more above lower levels were not protected from falling by guardrail systems, safety net systems, personal fall arrest systems: (a) On or about March 2, 2022, and at times prior to that date, employees were exposed to injuries from falls in excess of 4 feet while conducting daily maintenance on a Carder Concrete Model # 450 elevated concrete mixer without the benefit of fall protection systems being in place.
Citation 1 Item 1b
Type of Violation: Serious
29 CFR 1910.30(a)(3)(i): The employer did not train each employee in the nature of the fall hazards in the work area and how to recognize them: (a) On or about March 2, 2022, and at times prior to that date, the employer did not provide training to employees exposed to fall hazards on how to recognize and prevent them in the work area, in that employees were exposed to injuries from falls while conducting daily maintenance on a Carder Concrete Model # 450 elevated concrete mixer which was in excess of 4 feet above the lower surface.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $14,502
29 CFR 1910.146(d)(3): The employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following: (a) On or about March 2, 2022, and at times prior to that date, the employer failed to develop and implement the means, procedures, and practices necessary for safe permit space entry operations for employees entering a permit-required confined space. Employees were entering a Carder Concrete Model #450 concrete mixer to perform clean out and maintenance activities, which contained uncontrolled mechanical hazards. An employee was seriously injured while working inside the mixer when it was turned on.
Citation 1 Item 2b
Type of Violation: Serious
29 CFR 1910.146(g)(1):The employer did not provide training so that all employees whose work is regulated by this section acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section: a) On or about March 2, 2022, and at times prior, employees were exposed to caught-in between and crushing hazards while working inside a permit required confined space (Carder Concrete Model #450 concrete mixer) without the benefit of adequate training on the recognition of hazards associated with permit required confined space entry and the means necessary to control those hazards.
Citation 1 Item 3
Type of Violation: Serious; $14,502
29 CFR 1910.147(c)(9): The employer or authorized employee did not notify affected employees before the lockout or tagout devices were applied or removed from the machine or equipment: a) On or about March 2, 2022, and at times prior, affected employees were exposed to crushing and caught-in between hazards while entering the Carder Concrete Mixer #450 to perform clean-out and maintenance resulting from not being notified the machine had a lockout or tagout device applied or removed.
Citation 1 Item 4
Type of Violation: Serious; $14,502
29 CFR 1910.147(c)(6)(i):The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed: (a) On or about March 2, 2022, and at times prior to that date, the employer did not evaluate the workplace to determine if its lockout/tag out (LO/TO) program and procedures were adequate to establish an effective locked out/tagged out condition of its machines, exposing employees to crushing and caught-in between hazards. While working inside a Carder Concrete Model #450 concrete mixer to perform clean out and maintenance activities, an employee was seriously injured when the machine was turned on.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 2 Item 1a
Type of Violation: Willful – Serious; $145,027
29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section: (a) On or about March 2, 2022, and at times prior to that date, the employer did not ensure that procedures were developed and utilized to control hazardous energy when employees were entering a Carder Concrete Model #450 concrete mixer to perform clean out and maintenance activities, resulting in an employee suffering serious injuries while working inside the concrete mixer when it was activated.
Citation 2 Item 1b
Type of Violation: Willful – Serious
29 CFR 1910.147(c)(7)(i): The employer did not provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees: a) On or about March 2, 2022, and at times prior, workers were not provided with specific information regarding the types and magnitude of hazardous energy, potential hazards and the means to perform a full and effective removal of hazardous energy present in the Carder Concrete Model #450 cement mixer, such as electrical, mechanical, and pressurized air.
Citation 2 Item 1c
Type of Violation: Willful – Serious
29 CFR 1910.147(d)(4)(i): Lockout or tagout devices were not affixed to each energy isolating device by authorized employees: (a) On or about March 2, 2022, and at times prior to that date, the employer did not affix lockout/tagout devices to each energy isolating device, as required by this standard as well as the operator’s manual, resulting in an employee suffering serious injuries while working inside the concrete mixer. Employees routinely entered the mixer to perform cleaning and maintenance without applying lockout/tagout devices.
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