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Violation Detail

Standard Cited: 19100146 D05 I Permit-required confined spaces

Inspection Nr: 1488084.015

Citation: 02001

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $136,532.00

Current Penalty: $25,858.50

Issuance Date: 02/09/2021

Nr Instances: 1

Nr Exposed: 8

Abatement Date: 03/29/2021

Gravity: 10

Report ID: 0627700

Contest Date: 03/02/2021

Final Order: 03/14/2024

Related Event Code (REC): A

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 03/14/2024 $25,858.50 03/29/2021 Serious  
Penalty C: Contested 03/11/2021 $136,532.00 03/29/2021 Willful  
Penalty Z: Issued 02/09/2021 $136,532.00 03/29/2021 Willful  

Text For Citation: 02 Item/Group: 001 Hazard:

29 CFR 1910.146(d)(5)(i): The employer did not test conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized and entry conditions were not continuously monitored in areas where authorized entrants were working: On or about August 12, 2020, employees who entered tank cars are exposed to hazardous atmosphere(s). Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that atmospheric testing is performed prior to permit required confined space entry is authorized and continuously monitored in areas where authorized entrants work.

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