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Violation Detail

Standard Cited: 19100146 D05 II Permit-required confined spaces

Inspection Nr: 1204887.015

Citation: 01003

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: 003 Hazard:

29 CFR 1910.146(d)(5)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing or monitoring the permit space as necessary: The employer is failing to protect employees from fire/explosion hazards created by hazardous vapors produced by ethyl alcohol denatured with natural gasoline, and sweet crude oil while employees are cleaning inside rail tank cars. 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 atmospheric conditions inside the railcars are not monitored continuously throughout confined space entries for the duration when employees are inside, and there is a likelihood that the percent of lower explosive limit can rapidly elevate above the maximum allowed ten percent within the 15 minute interval that the employer has elected to sample inside the railcars.

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