Region 8 News Release: 13-726-DAK
April 24, 2013
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA cites First Choice Energy
after oil field worker killed at Stanley, ND, job site

STANLEY, N.D. — The U.S. Department of Labor's Occupational Safety and Health Administration has cited First Choice Energy of Minot with nine serious safety violations for exposing workers to unsafe conditions at an oil field drilling and fluid disposal operation in Stanley. The inspection was prompted after a worker was killed after being caught in the agitator of an oil field vacuum truck storage tank on March 14.

"First Choice Energy failed to develop and implement the most basic of confined space and energy control safety protocols," said Eric Brooks, OSHA's area director in Bismarck. "Companies have a responsibility to recognize–and train their workers to recognize–hazards unique to their job sites in addition to protecting workers from such hazards."

Five of the nine citations involve violations of OSHA's confined space requirements, including lack of atmospheric testing, permitting, signs and emergency response procedures.

Other citations involve not properly protecting workers from open pit fall hazards, lack of energy control and lockout/tagout procedures and equipment, failing to conduct annual inspections of energy control procedures and to train workers on such procedures. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

A confined space has limited or restricted means for entry or exit, and it is not designed for continuous employee occupancy. Confined space hazards are addressed in specific standards. For more information see, http://www.osha.gov/SLTC/confinedspaces/index.html.

OSHA has proposed penalties of $33,000.

First Choice Energy has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Bismarck Area Office at 701-250-4521.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.