Text For Citation: 02 Item/Group: 001 Hazard: CONFINED

The employer is not limited to abatement methods suggested by OSHA, i.e., methods explained are general and may not be effective in all cases. Other methods of abatement may be equally or more appropriate. Ultimate responsibility for determining the most appropriate abatement method rests with the employer, given its superior knowledge of the specific conditions on this worksite. 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 employees were exposed to the hazards of confined space entry. The employer did not assure that the confined space was safe to enter and work: OR IN THE ALTERNATIVE 29 CFR 1910.134(b)(8): Appropriate surveillance of work area con- ditions and degree of employee exposure or stress was not maintained: (a) At the tank cleaning bay, on or about March 19, 1992, an employee entered the confined space of a tank trailer that had contained a cargo of acetone, without any respiratory protection to perform normal duties of wiping down the interior and was exposed to potential oxygen deficient condition, flamm- able levels or toxic levels of acetone.