Text For Citation: 01 Item/Group: 012 Hazard: CONFINED

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish a place of employment which was free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to confined space hazards: (a)Pinneo Feedlot, Ltd. Liability Company at 32295 Highway 34, Brush, CO 80723: On or before 09/19/06, the employer did not ensure that employees entering the Butler corn bin and the three other white corn bins, as well as the corn bins at the Akron site, were protected by an established permit required confined space (PRCS) program. The employees entered the bins to clean them out one to two times per year. The employees accessed each bin by climbing a fixed ladder outside each bin, to an elevated hatch, and then entering the bin and descending to the corn. The base of each bin was concave with about an 8 foot drop towards the center of each bin. The employer added water to the corn when it is stored in the bin, but, according to the employer, the employer did not experience corn bridging. The employer had not established a permit required confined space (PRCS) program. The employer said he locked out the controls for the bottom (exhaust) auger prior to entry, but not the upper (feed) auger. The employer said that two employees entered the bins, while one employee was stationed outside the bin. However, the employee stationed outside the bin would periodically leave to check the controls. The current procedures include the following deficiencies: 1)There were no signs posted advising of PRCS; 2) There was no accountability for assessment of the conditions prior to entry; 3)There was no assessment of the atmosphere as to whether any oxygen deficiencies or flammable dust existed; 4)There was no assessment of potential bridging conditions of the corn; 5)There were no lockout/tagout procedures in place for the upper (feed) auger; 6)There was no training for employees on safe PRCS procedures. 7)There was no permit system establishing accountability for PRCS authorization and closure, records of employees authorized entrance, and records of employees serving as attendants. 8)There was no use of a body harness with a lifeline positioned, and of a certain length, to prevent employees from sinking further than waist deep into the corn. 9)There were no adequate retrieval devices to pull employees out of the bin if a collapse were to occur, including a pulley connected to the top of the hatch, and a powered device to pull employees up; 10)There were no alarms or communication devices that employees could use in case a collapse occurred. Conditions exposed employees to confined space hazards including engulfment and suffocation. Abatement Note: Abatement certification and documentation are required for this item (see enclosed "Sample Abatement-Certification Letter") Abatement Note: Employees are permitted to walk on the grain when cleaning out bottoms of bins, or for other purposes, without lifelines and harnesses when the employer has verified that the depth of the grain will not result in an engulfment hazard. However, with an 8 foot concave foundation, and depending upon the starting depth of the corn, caution is advised to ensure engulfment does not occur by using, e.g. measured markings of corn on the inside of the concave parts of the bins, through which, by observing the corn depth, the supervisor can make an qualified judgment that engulfment would not occur Employers shall not permit employees to enter silos whenever bridging conditions or grain funnelling (side building) exists. (Reference: CPL 02-01-004 - CPL 2-1.4C item J.5.k.). The employer also needs to verify that the employee will not be exposed to mechanical hazards. Abatement Note: Among other methods, one feasible and acceptable abatement method is to establish a valid PRCS program, assess the hazards of the PRCS, and either reclassify as non-PRCS, or follow PRCS procedures as referenced as a standard in 1910.146, 1910.272(g), and associated ANSI standards. Abatement Note: For reference, 1910.146 Appendix A, regarding lockout tagout, provides a decision flow chart through which the employer may be able to reclassify the space to a non- permit required confined space, on a case by case basis each time entrance is required, in which case items 8, 9, and 10 may not be required. The standard for General Industry Grain Handling Facilities, 1910.272(g), provides more specific guidance about the expectations for safe entry into grain storage facilities. Abatement Note: For reference, 1910.272(e), regarding grain handling facilities, discusses the importance of training in grain handling facilities, including cleaning procedures for grinding (flaking) equipment, clearing procedures for choked legs, housekeeping procedures, hot work procedures, preventative maintenance procedures, and lockout tagout procedures. Employees assigned special tasks, such as bin entry, shall be provided training to perform these tasks safely.