Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 100162056
Citation: 02001
Citation Type: Willful
Abatement Date: 12/15/1988 X
Initial Penalty: $10,000.00
Current Penalty: $4,800.00
Issuance Date: 12/12/1988
Nr Instances: 1
Nr Exposed: 5
Related Event Code (REC):
Gravity: 10
Report ID: 0215800
Contest Date: 12/23/1988
Final Order: 08/26/1991
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 08/26/1991 | $4,800.00 | 12/15/1988 | Willful | |
Penalty | Z: Issued | 12/12/1988 | $10,000.00 | 12/15/1988 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard: CONFINED
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that: a) Employees were exposed to the inhalation of toxic substances, asphyxiation and/or fire/explosion during entry and working in a confined space situation. On 10/4/88, employee cleaning 5000 gallon tank trailer expired as the result of an explosion. Among other methods, one feasible and acceptable abatement method to correct this hazard is to: Implement a confined space entry procedure which includes, but is not limited to, the following items: 1) Instruction and training as to the nature of the hazards involved and necessary precautions to be taken relative to confined space entry. 2) Posting of written confined spaces entry procedures adjacent to tanks or other confined space areas which may be entered. 3) Implementation of established lockout/tagout and isolation procedures where applicable, and issuance of a proper entry permit prior to tank/confined space entry. 4) Use of atmospheric testing procedures to determine the presence of hazardous air contaminants, potential oxygen deficiency and flammable/explosive atmosphere prior to the entry to tank/confined space and as needed prior to re-entry. 5) Where it has been determined that confined space contains a hazardous concentration of an air contaminant and/or an oxygen deficiency, use of mechanically induced ventilation in the confined space/tank before and during occupancy and/or use of respiratory protection equipment which provides adequate protection against the hazards encountered. 6) Provisions and procedures for trained standby observer located outside the confined space and readily available emergency standby observer located outside the confined space and readily available emergency standby equipment, consisting of a safety line and harness arrangement and a self-contained breathing apparatus certifield by NIOSH. 7) Implementation of periodic training sessions relative to confined space entry, rescue and first-aid procedures.