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Violation Detail

Standard Cited: 19100134 D01 III Respiratory Protection.

Inspection Nr: 601618.015

Citation: 02002

Citation Type: Serious

Abatement Status: Abatement Completed

Initial Penalty: $56,000.00

Current Penalty: $7,000.00

Issuance Date: 02/15/2013

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 05/13/2013

Gravity: 10

Report ID: 0729300

Contest Date: 03/05/2013

Final Order: 07/07/2013

Related Event Code (REC): A

Emphasis:

Substance: 0430

Substance: 1080

Substance: 1385

Substance: 2479

Substance: 2590


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty R: Review Commission 07/07/2013 $7,000.00 05/13/2013 Serious  
Penalty C: Contested 04/02/2013 $56,000.00 05/13/2013 Willful  
Penalty Z: Issued 02/15/2013 $56,000.00 05/13/2013 Willful  

Text For Citation: 02 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 contaminants chemical state and physical form: (Construction Reference 1926.103) Location: The Boschertown Sanitary Sewer Project at or near 3400 N. Hwy 94, St. Charles, MO 63301. On or about Aug. 27 and 28, 2012, the employer failed to conduct an assessment to determine the potential for a hazardous atmosphere or treat the atmosphere as an IDLH (Immediately Dangerous to Life or Health) environment when an employee was assigned to work in 6 confined spaces. The employer failed to conduct an assessment in accordance with their written respirator program and despite having air sampling equipment. An employee entered a sanitary sewer dry well and five (5) vault manholes and was exposed to potential atmospheric hazards when the employer: a.)Failed to test or estimate solvent levels when an employee used Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK) and when painting piping systems using Sherwin Williams Macropoxy 646 Fast Curing Epoxy Part A (B58T604) and Part B (B58V600) that contained xylene, methyl isobutyl ketone (Hexone, MIBK), and ethyl benzene, thinned with Sherwin Williams, R6K10, Methyl Ethyl Ketone (2-Butanone, MEK). While performing work in a confined space, an employee was exposed to a hazardous atmosphere that had high levels of cleaning solvent, methyl ethyl ketone (MEK or 2-butanone), and/or paint solvents to include, but not limited to, xylene, methyl isobutyl ketone (MIBK or hexone) and ethyl benzene. The employee died from his exposure. b.)Failed to test for sewer gases in the event of a valve leak, leakage from the wet well into the dry well, or migration of soil gases from the lagoon system.

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