Violation Detail
Standard Cited: 19100146 C04 Permit-required confined spaces
Inspection Nr: 1535324.015
Citation: 01003
Citation Type: Serious
Abatement Date: 12/29/2021 2
Initial Penalty: $13,653.00
Current Penalty: $12,000.00
Issuance Date: 12/06/2021
Nr Instances: 1
Nr Exposed: 3
Related Event Code (REC): A
Gravity: 10
Report ID: 0213600
Contest Date: 12/17/2021
Final Order: 12/01/2023
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 12/01/2023 | $12,000.00 | 12/29/2021 | Serious | |
Penalty | C: Contested | 01/12/2022 | $13,653.00 | 12/29/2021 | Serious | |
Penalty | Z: Issued | 12/06/2021 | $13,653.00 | 12/29/2021 | Serious |
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: a) On or about 06/08/2021, at Millennium Roads, located on 12118 East Yates Center Road, in Lyndonville, New York, the employer did not have a written permit-required confirmed space entry program that provided specific information to ensure compliance with all of the applicable elements under 1910.146(d) such as, but not limited to: a. Procedures to prevent unauthorized entry. b. Procedures to identify and evaluate the hazards of permit spaces. c. Procedures necessary for safe permit space entry operations (acceptable conditions for entry, providing entrants with the opportunity to test permit spaces, ventilating the permit space as necessary to eliminate or control atmospheric hazards and verifying that conditions are acceptable for entry throughout the duration of entry). d. Procedures for providing testing and monitoring equipment, ventilating equipment, and rescue and emergency equipment. e. Procedures for evaluating permit space conditions when entry operations are conducted (testing and monitoring). f. Procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue. The employer assigned employees to enter inside semi-tankers (permit-required confined spaces) to clean and remove Lignin buildup and residue. Lignin (Ammonium Lignosulfate), is a plant-based organic material subject to bacterial decomposition capable of producing toxic gases such as, but not limited to Hydrogen Sulfide (H2S). ABATEMENT DOCUMENTATION REQUIRED