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Violation Detail
Standard Cited: 19100146 D04 VIII Permit-required confined spaces
Inspection Nr: 1055463.015
Citation: 02005
Citation Type: Willful
Abatement Status: Not Completed - Employer Out of Business
Initial Penalty: $70,000.00
Current Penalty: $0.00
Issuance Date: 10/13/2015
Nr Instances: 1
Nr Exposed: 2
Abatement Date: 10/13/2021
Gravity: 10
Report ID: 0728900
Contest Date: 10/30/2015
Final Order: 01/05/2022
Related Event Code (REC): A
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | J: ALJ Decision | 01/05/2022 | $0.00 | 10/13/2021 | Willful | |
| Penalty | C: Contested | 11/17/2015 | $70,000.00 | 11/16/2015 | Willful | |
| Penalty | Z: Issued | 10/13/2015 | $70,000.00 | 11/16/2015 | Willful |
Text For Citation: 02 Item/Group: 005 Hazard:
29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees properly used rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9): The employer is failing to ensure that employees properly use rescue and emergency equipment while entering permit required confined spaces that contain atmospheric hazards including but not limited to flammable environments above 10% of the LEL in that; on 14 April 2015 two employees who were fatally injured at 120 Hickory Street, Omaha, NE 68108 as the result of a flash fire and explosion that occurred when they were inside scraping the interior walls of rail tank car NATX303912 that contained natural gasoline, a highly flammable liquid with a flashpoint of 0°F, were not wearing body harnesses to aid in rescue from the permit required confined space.