Text For Citation: 01 Item/Group: 006B Hazard:

29 CFR 1910.146(k)(1): An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, shall: (i) Evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified; Note to paragraph (k)(l)(i): What will be considered timely will vary according to the specific hazards involved in each entry. For example, �1910.134, Respiratory Protection, requires that employers provide a standby person or persons capable of immediate action to rescue employee(s) wearing respiratory protection while in work areas defined as IDLH atmospheres. (ii) Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; (iii) Select a rescue team or service from those evaluated that: (iii)(A) Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; (iii)(B) Is equipped for and proficient in performing the needed rescue services; (iv) Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and (v) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations. On or about March 28th, 2024, employees engaged in grain handling operations located at 1012 Laramie Ave, Hemingford, Nebraska 69348, were exposed asphyxiation, explosion, and other recognized hazards when entering Pits A, B, 2, and 3 in that the employer failed to ensure the designated rescue team was capable of providing timely rescue per this instruction before entering pits. Instances of failure include but are not limited to: 1.) Pit A contained grain dust accumulation and potentially hazardous atmosphere in the space. Adequate rescue procedures were not implemented prior to entry into the space. 2.) Pit B contained water accumulation, grain dust, and potentially hazardous atmospheres. Adequate rescue procedures were not implemented prior to entry into the space. 3.) Pit 2 contained grain dust accumulation and potentially hazardous atmospheres in the space. Adequate rescue procedures were not implemented prior to entry into the space. 4.) Pit 3 contained water accumulation, grain dust accumulation, and hazardous gases (PH3) that were detected in the space. Adequate rescue procedures were not implemented prior to entry into the space.