Text For Citation: 02 Item/Group: 007 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 entering each permit required confined space from atmospheric hazards including but not limited to flammable vapors, carbon monoxide, displaced oxygen, hydrogen sulfide and benzene in that; monitoring is not conducted as necessary to ensure that the atmospheric conditions are maintained at safe levels during the duration of entry. This violation was most recently documented at the worksite located at 120 Hickory Street, Omaha, NE 68108 on 14 April 2015 where two employees were fatally injured when flammable vapors ignited inside rail tank car NATX303912. The employees were using steel scrapers and tools to clean interior walls of the rail tank car that contained natural gasoline, a highly flammable liquid with a flashpoint of 0° F. The LEL measurements taken by the employer ranged between 22% and 328% prior to allowing the employees entry into the tank car. No additional monitoring was conducted to ensure the LEL was at acceptable levels for safe entry. To abate this violation, the employer must assure that atmospheric testing or monitoring is conducted as necessary in each permit required confined space entered by employees to ensure that the atmospheric conditions are maintained at safe levels during the duration of entry.