Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 300649019
Citation: 01001
Citation Type: Serious
Abatement Status: X
Initial Penalty: $2,500.00
Current Penalty: $2,500.00
Issuance Date: 02/26/1999
Nr Instances: 1
Nr Exposed: 4
Abatement Date: 03/24/1999
Gravity: 10
Report ID: 0418400
Contest Date:
Final Order:
Related Event Code (REC): A
Emphasis:
Text For Citation: 01 Item/Group: 001 Hazard: STRUCK BY
P.L. 91-596 Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to the hazard(s) of getting struck by tank components, debris, or air blast in the event of explosive separation or tank failure: a.East Side Of The Complex - On or about 9/22/98, employees were exposed to a "struck by" hazard when compressed air was used to transfer waste organic fluid containing toluene, diesel, motor oil, and other hazardous hydrocarbons from the unit 89 vacuum truck tank wagon six foot diameter 3000 gallon horizontal tank that was not capable of withstanding the applied pressure. The tank also did not have a pressure relief device set at or below its maximum allowable working pressure (MAWP) to prevent over pressurization. There was no systematic safety inspection program for the vacuum truck tank equipment installed on the chassis. The tank was used as a pressure vessel and it did not have any marking on the tank for the maximum allowable working pressure to identify it as a pressure vessel in accordance with ASME code stamp, API monogram, or the label of the Underwriters' Laboratories, Inc. when it was purchased around 1/11/91 and was not subsequently strength tested by the employer before it was placed in service. Among other methods, one feasible and acceptable abatement method to correct this hazard is to establish, implement, and document an inspection and testing program to prevent catastrophic failure of the vacuum truck tank equipment. The type and frequency of tests and inspections should follow accepted engineering practice with appropriate consideration given to the manufacturer's recommendations (if any). Tests and inspections must be performed by an individual qualified to conduct the procedure, and must be documented. The documentation must identify the date of the test or inspection, the name of the person performing the test or inspection; and the equipment inspected, a description of the inspection or test procedure, and the results of the inspection or test. Any deficiencies identified as a result of tests or inspections must be remedied in a timely manner and interim measures which provide an effective level of safety must be implemented before using the equipment. And, the use of this equipment to transfer any flammable or combustible liquid must be in accordance with the National Fire Protection Association (NFPA) standard NFPA No. 30-1995 "Flammable and Combustible Liquids Code" Section 5-3.7.4, which permits the transfer of liquids among vessels, containers, tanks, and piping systems by means of air or inert gas pressure only under all of the following conditions: (a)The vessels, containers, tanks, and piping systems shall be designed for such pressurized transfer and shall be capable of withstanding the anticipated operating pressure. (b)Safety and operating controls, including pressure relief devices, shall be provided to prevent over pressure of any part of the system. (c)Only inert gas shall be used to transfer Class I liquids. Inert gas shall be used to transfer Class II and Class III liquids that are heated above their flash points.
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