Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 101408490
Citation: 02001
Citation Type: Willful
Abatement Date: 05/05/1989 X
Initial Penalty: $9,000.00
Current Penalty: $533.36
Issuance Date: 04/03/1989
Nr Instances: 10
Nr Exposed: 4
Related Event Code (REC):
Gravity: 09
Report ID: 0524700
Contest Date: 04/26/1989
Final Order: 10/10/1989
Emphasis:
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 10/10/1989 | $533.36 | 05/05/1989 | Willful | |
| Penalty | Z: Issued | 04/03/1989 | $9,000.00 | 05/05/1989 | 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: On or before January 16, 1989, employees engaged in the cleaning/ inspecting of the interiors of tank trailers, which constitute confined spaces, were subjected to the hazards of toxic and/or combustible gases and vapors and oxygen deficient atmospheres. The employer failed to implement a confined space entry program which would assure the work being performed within the trailer be accomplished safely. A feasible method of abatement includes, but is not limited to: 1) Written procedures covering a permit system, ventilation, atmospheric testing, rescue procedures, and employee training. 2) The completion and posting of a confined space intry permit which requires authorization and approval in writing that specifies the location and type of work to be done and certifies that all existing and potential hazards have been evaluated by a qualified person and necessary protective measures have been taken to ensure the safety of each worker. 3) Mechanical ventilation of the confined space prior to entry, and continued ventilation to provide a safe atmosphere, when determined necessary as described in (2) above. 4) Testing the atmosphere of the confined space prior to entry and on a regular basis for presence of sufficient oxygen (19.5%) and absence of hazardous levels of toxic or combustible gases or vapors, when determined necessary as described in (2) above. 5) Emergency rescue procedures with a requirement that trained personnel are available and are stationed at the entrance of the confined space with proper equipment to provide for the rescue of persons entering the space as determined necessary as described in (2) above. Such equipment must include safety harness and lifeline with provisions for hoisting employees from the confined space. If entry is required for a rescue, the rescuing employee must be equipped with approved air supplied respiratory equipment and other appropriate personal protective equipment. 6) Training of any and all employees required to enter the confined spaces. This training shall include procedures required prior to entry and the hazards associated with work in confined spaces.
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