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Violation Detail

Standard Cited: 19100134 D01 III Respiratory Protection.

Inspection Nr: 1204887.015

Citation: 01002

Citation Type: Serious

Abatement Status: Not Completed - Employer Out of Business

Initial Penalty: $12,675.00

Current Penalty: $0.00

Issuance Date: 06/28/2017

Nr Instances: 1

Nr Exposed: 6

Abatement Date: 07/20/2017

Gravity: 10

Report ID: 0728900

Contest Date: 07/13/2017

Final Order: 01/10/2022

Related Event Code (REC): C

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty J: ALJ Decision 01/10/2022 $0.00 07/20/2017 Serious  
Penalty C: Contested 07/28/2017 $12,675.00 07/20/2017 Serious  
Penalty Z: Issued 06/28/2017 $12,675.00 07/20/2017 Serious  

Text For Citation: 01 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 contaminant's chemical state and physical form: The employer is failing to protect employees from inhalation of hazardous vapors produced by ethyl alcohol denatured with natural gasoline and sweet crude oil when employees are assigned to wear respirators while entering rail tank cars of unknown levels of chemical contaminants. This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017. The employer had not performed personal air sampling or other quantitative studies to evaluate employee exposure to ensure that appropriate respiratory protection had been selected for use when entering rail tank cars.

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