Violation Detail
Standard Cited: 19100134 D01 III Respiratory Protection.
Inspection Nr: 601618.015
Citation: 02002
Citation Type: Serious
Abatement Date: 05/13/2013 2
Initial Penalty: $56,000.00
Current Penalty: $7,000.00
Issuance Date: 02/15/2013
Nr Instances: 1
Nr Exposed: 1
Related Event Code (REC): A
Gravity: 10
Report ID: 0729300
Contest Date: 03/05/2013
Final Order: 07/07/2013
Emphasis:
Substance: 0430
Substance: 1080
Substance: 1385
Substance: 2479
Substance: 2590
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | R: Review Commission | 07/07/2013 | $7,000.00 | 05/13/2013 | Serious | |
Penalty | C: Contested | 04/02/2013 | $56,000.00 | 05/13/2013 | Willful | |
Penalty | Z: Issued | 02/15/2013 | $56,000.00 | 05/13/2013 | Willful |
Text For Citation: 02 Item/Group: 002 Hazard:
29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form: (Construction Reference 1926.103) Location: The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO 63301. On or about Aug. 27 and 28, 2012, the employer failed to conduct an assessment to determine the potential for a hazardous atmosphere or treat the atmosphere as an IDLH (Immediately Dangerous to Life or Health) environment when an employee was assigned to work in 6 confined spaces. The employer failed to conduct an assessment in accordance with their written respirator program and despite having air sampling equipment. An employee entered a sanitary sewer dry well and five (5) vault manholes and was exposed to potential atmospheric hazards when the employer: a.)Failed to test or estimate solvent levels when an employee used Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK) and when painting piping systems using 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, thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK). While performing work in a confined space, an employee was exposed to a hazardous atmosphere that had high levels of cleaning solvent, methyl ethyl ketone (MEK or 2-butanone), and/or paint solvents to include, but not limited to, xylene, methyl isobutyl ketone (MIBK or hexone) and ethyl benzene. The employee died from his exposure. b.)Failed to test for sewer gases in the event of a valve leak, leakage from the wet well into the dry well, or migration of soil gases from the lagoon system.