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Violation Detail
Standard Cited: 19100146 J04 Permit-required confined spaces
Inspection Nr: 1204887.015
Citation: 02001A
Citation Type: Willful
Abatement Status: Not Completed - Employer Out of Business
Initial Penalty: $126,749.00
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:
| 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 | Willful | |
| Penalty | C: Contested | 07/28/2017 | $126,749.00 | 07/20/2017 | Willful | |
| Penalty | Z: Issued | 06/28/2017 | $126,749.00 | 07/20/2017 | Willful |
Text For Citation: 02 Item/Group: 001A Hazard:
29 CFR 1910.146(j)(4): The employer did not ensure that each entry supervisor verified that rescue services were available and that the means for summoning them were operable: The employer is failing to protect employees entering rail tank cars from confined space hazards including IDLH atmospheric hazards such as but not limited to environments above 10% of the LEL, oxygen deficiency, accumulation of hydrogen sulfide, and accumulation of carbon monoxide. 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 while employees cleaned railcars containing hazardous chemicals including but not limited to ethanol denatured with natural gasoline and sweet crude oil. The entry supervisor is not verifying that rescue services are available before each entry into rail tank cars to respond and perform a rescue.