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

OSH ACT of 1970 Section (5)(a)(1): 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 employee(s) in that employee(s) were exposed to hazards associated with being overcome by toxic gases or oxygen deficient atmospheres in confined spaces: Location: At the Boschertown Sanitary Sewer Lift Station at or near 3400 N. Hwy 94, St. Charles, MO 63301. On or about Aug. 27 and 28, 2012, the employer failed to ensure safe confined space entry conditions when an employee worked in vault manholes and a dry well (valve vault) that contained or had the potential to contain an atmospheric hazard. Despite having a written confined space program, air sampling equipment and ventilation devices, the employer failed to ensure safe confined space entry conditions as follows: * Failed to complete a confined space permit identifying and communicating safety requirements prior to assigning a painter work inside of a permit required confined space. * Failed to assign an attendant to the worksite to be stationed immediately outside the confined space during all periods of entry. * Failed to provide and require the use of appropriate harness and retrieval equipment for use in the event of an emergency. * Failed to provide air sampling equipment so that acceptable conditions could be verified prior to, and during all periods of entry. * Failed to provide and require the use of ventilation equipment when atmospheric hazards may be present or may arise in the space. The employee worked in 6 confined spaces using Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK), and Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene. The employee was overcome by toxic vapors such as, but not limited to, MEK, xylene, MIBK, and ethyl benzene. The Medical Examiner listed the cause of death as acute methyl ethyl ketone toxicity. Among other methods, recognized and feasible means of abatement to correct the hazard include, but are not limited to: (1) Implementation of the Confined Space Program outlined in the employer's Safety Manual in Section G (for construction activities) and Section J (1910.146). (2) Implementation of the elements required by the American National Standards Institute (ANSI)/American Society of Safety Engineers (ASSE) Standard Z117.1- 2009, Safety Requirements for Confined Spaces.