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Violation Detail

Standard Cited: 5A0001 OSH Act General Duty Paragraph

Inspection Nr: 113922363

Citation: 02001

Citation Type: Willful

Abatement Status: X

Initial Penalty: $8,000.00

Current Penalty: $4,000.00

Issuance Date: 04/17/1991

Nr Instances: 1

Nr Exposed: 4

Abatement Date: 05/17/1991

Gravity: 08

Report ID: 0213400

Contest Date:

Final Order:

Related Event Code (REC):

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty I: Informal Settlement 05/02/1991 $4,000.00 05/17/1991 Willful  
Penalty Z: Issued 04/17/1991 $8,000.00 05/17/1991 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 employees were exposed to the hazard of death from asphyxiation in confined spaces of explosion from insufficient oxygen or combustible vapors, respectively: a) CFM Environmental Services, Pequest Facility - Employees are required to enter wet wells, dry wells and manholes regularly. Wet well entry is performed daily in order to inspect and clean bar screens. Dry well entry is performed 3 to 4 times per week. These wells contain pumps and valves which need to be inspected and serviced. Also, when blockages occur in the sewer mains lead to the plant, employees may be required to enter any one of approximately 300 manholes. The above-mentioned confined spaces may vary in depth and dimension from 5 ft. deep and 5 ft. in diameter to over 25 ft. deep and 8 ft. diameter. The only means of egress into these confined space areas were through openings ranging in size from 2 ft. x 2 ft. for the wet well openings to 4 ft. diameter for the dry wells. The employer did not evaluate the hazard of the confined space. The employer did not establish a written permit system, to certify that all hazards have been evaluated. The employer did not provide training to employees so that they can work safely in the confined space area. The employer did not provide, maintain or ensure the proper use of the equipment necessary for safe entry, including testing, monitoring and personal protective equipment. The employer did not ensure that all procedures and equipment were implemented and provided. Condition noted on or about 12/10/90. 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 precaution to be taken relative to confined space entry. 2) Posting of written confined space entry procedures adjacent to wet wells, dry wells and sewers. 3) Issuing a proper entry permit prior to confined space entry to ensure that all hazards have been evaluated. 4) Conduct atmospheric testing of wet wells, dry wells, and sewers to determine potential oxygen deficiency and the presence of air contaminants. 5) Where it has been determined that the confined space contains a hazardous concentration of an air contaminant and/or an oxygen deficiency, use of mechanically-induced ventilation in the confined space before entry and during occupancy and/or use of respiratory protective equipment which provides adequate protection against the hazards encountered. 6) Provisions and procedures for a standby observer, located outside the confined space area, and readily available standby equipment consisting of a safety line and harness, which the employee in the confined space is wearing. 7) Ensure that employees entering the confined space and attendants are properly trained. Training should include, but not be limited to: hazard recognition, communication, protective equipment and rescue. REFERENCES: 1) NIOSH Publication 80-106 - Working in Confined Spaces. 2) ANSI Z117.1-1-1989 - Safety Requirements for Working in Tanks and Other Confined Spaces.

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