Violation Detail
Standard Cited: 19100146 F10 Permit-required confined spaces
Inspection Nr: 1055463.015
Citation: 02010
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: 4
Abatement Date: 10/13/2021
Gravity: 10
Report ID: 0728900
Contest Date: 10/30/2015
Final Order: 01/01/2022
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 | 01/01/2022 | $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: 010 Hazard:
29 CFR 1910.146(f)(10): The entry permit that documented compliance and authorized entry to a permit space did not identify the results of initial and periodic tests performed under 29 CFR 1910.146(d)(5), accompanied by the names or initials of the tester and by an indication of when the tests were performed. The employer is failing to ensure that confined space entry permits are accurately filled out to warn employees of the atmospheric hazards inside of rail tank cars including but not limited to flammable environments above 10% of the LEL, oxygen deficiency, carbon monoxide and benzene from present from chemicals such as but not limited to volatile petroleum products, ethanol and methanol in that; on 14 April 2015 at 120 Hickory Street, Omaha, NE 68108 the confined space entry permit supervisor wrote on the entry permit for rail tank car NATX303912 that the LEL was 0% when it was actually measured at 22% of the LEL. Two employees were allowed to enter the hazardous confined space and were fatally injured when the flammable vapors inside the rail tank car ignited. The entry permit also failed to identify who took the measurements and what times the measurements were taken.
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