Text For Citation: 01 Item/Group: 003 Hazard:

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146: On or about February 10th, 2020, the employer had not developed and implemented a written permit space entry program that complied with 29 CFR 1910.146 when employees were required to enter confined spaces in railcar tanks. The written program was deficient for the following elements: 1. The hazards of railcar tank spaces were not identified for commodities such as, but not limited to, molasses, steepwater, and vegetable oil blends; 2. The means, procedures, and practices necessary for safe permit space entry operations as specified by 29 CFR 1910.146(d)(3) were not developed; 3. Procedures for maintaining monitoring and ventilation equipment properly were not developed; 4. Procedures for rescuing entrants from permit spaces via non-entry methods, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue were not developed; 5. Procedures necessary for concluding a confined space entry, such as closing off the permit space and cancelling the permit, were not developed; 6. Procedures for reviewing entry operations when there is reason to believe the measures taken under the permit space program may not protect employees and revising the program to correct deficiencies when they are found to exist before subsequent entries are authorized were not developed, and; 7. Procedures for reviewing the permit space program, using cancelled permits retained in accordance with 29 CFR 1910.146(e)(6), were not developed.