Text For Citation: 01 Item/Group: 015 Hazard: REFINERY

29 CFR 1910.146(d)(14) Permit-required confined space program (permit space program). Under the permit space program required by paragraph (c)(4) of this section, the employer shall: Review the permit space program, using the canceled permits retained under paragraph (e)(6) of this section within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards. NOTE: Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary. Appendix C to section 1910.146 presents examples of permit space programs that are considered to comply with the requirements of paragraph (d) of this section. A. Silver Eagle Refinery (SER) did not review the permit required confined space program annually to ensure that employees participating in entry operations are protected from permit space hazards. This violation was identified during inspections of the facility from November 2009 to March 2010, Silver Eagle Refining Inc., 2355 South 1100 West, Woods Cross, UT, 84087. Review of confined space permits for the last 12 months showed confined space entries were regularly made by Silver Eagle employees, almost on a daily basis. Documents were requested demonstrating an annual review of confined space program had been conducted. The employer responded: "Silver Eagle has been unable to locate any responsive documentation." As identified in the employer's 2006 PSM Compliance Audit, "Procedures exist for employees and contractors to control hazards during operations such as Lockout/Tagout, Confined Space Entry, Opening of Process Equipment of Piping", but "there is no evidence that audits of the Lock out/Tag out and Confined Space programs have occurred." Although specifically identified in the employer's 2006 PSM compliance audit, the employer did not act and implement annual auditing of the permit required confined space program. Without regular evaluation and review of confined space entries, the employer was deprived of critical information used in assessing trends, identifying lack of procedures, and assessing current policies and procedures. By not annually auditing the confined space program, the employer can miss critical procedural deficiencies which, if left uncorrected, can expose employees to hazardous situations which have potential to cause serious injury or death. This may be a system-wide occurrence that may require the evaluation of all programs throughout the facility.