Violation Detail
Standard Cited: 19100146 D05 II Permit-required confined spaces
Inspection Nr: 1055463.015
Citation: 02008
Citation Type: Willful
Abatement Date: 10/13/2021 4
Initial Penalty: $70,000.00
Current Penalty: $0.00
Issuance Date: 10/13/2015
Nr Instances: 1
Nr Exposed: 2
Related Event Code (REC):
Gravity: 10
Report ID: 0728900
Contest Date: 10/30/2015
Final Order: 01/05/2022
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | J: ALJ Decision | 01/05/2022 | $0.00 | 10/13/2021 | Willful | |
Penalty | C: Contested | 11/17/2015 | $70,000.00 | 11/16/2015 | Willful | |
Penalty | Z: Issued | 10/13/2015 | $70,000.00 | 11/16/2015 | Willful |
Text For Citation: 02 Item/Group: 008 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 inside power washing rail tank car NATX301469 that contained denatured ethanol, a highly flammable liquid with a flashpoint of -5° F. Monitoring was not conducted continuously to ensure that the atmospheric conditions were maintained at safe levels during the duration of entry, when they could readily change due to the agitation and aerosolizing of the ethanol from power washing activities. To abate this violation, the employer must assure that atmospheric testing or monitoring is conducted as necessary on each permit required confined space entered by employees to ensure that the atmospheric conditions are maintained at safe levels during the duration of entry.