Text For Citation: 01 Item/Group: 009 Hazard: REFINERY

29 CFR 1910.119(h)(2)(iv): The employer did not develop and implement safe work practices consistent with 29 CFR 1910.119(f)(4), to control the entrance, presence and exit of contract employers and contract employees in covered process areas: The employer did not develop and implement safe work practices to account for contract employees' entry, presence and exit into process areas. The employer violated this standard on or about April 28, 2011 and June 9, 2011 where contract employees performing demolition work in the 3-LEUS (Light Ends) Unit were not accounted for by the host employer through a Unit control room sign-in/sign-out log or other method. a)April 28, 2011: Blue Permit (#342075) was generated for "Entry or Special Hot Work" involving Midwest and Lowery employees. The task was to enter to demo, repair, and rebuild the #6 Cell /28 Cooling Tower. At the time of the OSHA walkaround, there were a total of eight Midwest contract employees present in the process area to perform the work permit tasks and only the name of the Acceptor was documented on the work permit maintained in the control room. All eight employees had signed the LOTO Accountability List that was maintained by the contractor in the field. The Work Permission Book in the control room has none of the Midwest employees signed in. b)June 9, 2011: Blue Permit (#342678) was generated for "Entry or Special Hot Work" involving Midwest and Lowery employees. The task was to enter to demo, repair, and rebuild the #2 Cell /27 Cooling Tower. At the time of the OSHA walkaround, there were a total of ten Midwest contract employees present in the process area to perform the work permit tasks and only the name of the Acceptor was documented on the work permit maintained in the control room. All ten employees had signed the LOTO Accountability List that was maintained by the contractor in the field. When CSHOs first arrived in the contractor area designated by the work permit, two employees were not accounted for. It was later determined that the two employees had left the work permit area but had remained in the Unit. Pursuant to 29 CFR 1903.19(d), within 10 days, the employer must submit an abatement plan describing the actions it is taking to ensure that all "normally unassigned employees" present in the process areas are accounted for and that their entry, presence and exit in process areas are controlled. The violation must be abated no later than 10 days from the receipt of this citation.