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Occupational Safety and Health Administration OSHA

Violation Detail

Standard Cited:5A0001 OSH Act General Duty Paragraph

Violation Items

Nr: 1448201.015 Citation: 02002 Issuance: 05/13/2020 ReportingID: 0830400

Viol Type:Willful NrInstances:1 Contest Date:06/05/2020
Abatement Date:06/09/2020 Nr Exposed:4 Final Order:
Initial Penalty: $53,975.00 REC:A Emphasis:
Current Penalty: $53,975.00 Gravity:10 Haz Category:

Penalty and Failure to Abate Event History
Type Event Date Penalty Abatement Type FTA Insp
Penalty Z: Issued 05/13/2020 $53,975.00 06/09/2020 Willful  
Penalty :   06/08/2020 $53,975.00 06/09/2020 Willful  

Text For Citation: 02 Item/Group: 002 Hazard:

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees dispensing liquid nitrogen which creating an oxygen deficient atmosphere causing asphyxia: (a)Custom Genetic Solutions, LLC at 40275 257th Avenue, Mitchell, SD 57301: On or about and at times prior to November 20, 2019, the employer did not ensure employees were protected from an oxygen-deficient atmosphere created while dispensing liquid nitrogen to fill bulk semen storage tanks using a one-inch diameter high pressure cryogenic transfer hose in an enclosed room. Employees were tasked to fill a series of Chart MVE 1842P-150 Cryogenic Freezers in an enclosed storage room on a weekly basis. The room was not equipped with an adequate engineered ventilation system or oxygen monitoring equipment or system. On the evening of November 20, 2019, an employee began topping the bulk tanks off with liquid nitrogen when the room became filled with nitrogen gas causing the employee to collapse and eventually succumb to the oxygen-deficient atmosphere created in the room. This condition exposed an employee to an oxygen deficient atmosphere while filling bulk tanks with liquid nitrogen. (b)Custom Genetic Solutions, LLC at 40275 257th Avenue, Mitchell, SD 57301: On or about and at times prior to November 20, 2019, the employer did not ensure employees were protected from an oxygen-deficient atmosphere created while dispensing liquid nitrogen in the garage. Employees were using a cryogenic transfer hose equipped with an agitator to fill shipping Dewars and the Chart MVE CryoCart in an enclosed garage on a daily basis. The room was not equipped with an adequate engineered ventilation system or oxygen monitoring equipment or system. This condition exposed an employee to an oxygen deficient atmosphere while filling bulk tanks with liquid nitrogen. Abatement Note: Among other methods, one feasible and acceptable abatement method to control this hazard is to follow manufacturer's instructions found in the Chart Cryogenic Freezer Technical Manual P/N 13289499 #3. Safety and First Aid-Liquid Nitrogen Safety states, ?Chart Cryogenic Freezers must be installed and operated in well-ventilated areas.? Another feasible method to materially reduce the hazard associated with oxygen-deficient atmospheres in an enclosed room would be to implement the following measures: 1. Install a fixed oxygen monitoring system in areas where liquid nitrogen is dispensed and stored within buildings that will continuously monitor the oxygen levels and is equipped with an audible and visual warning system inside and outside the room to warn employees if oxygen levels in the room drop below a preset value. 2. Implement an effective industrial ventilation exhaust system to control oxygen levels in areas within buildings where liquid nitrogen is dispensed and stored to ensure that conveyance systems and ducting are designed in accordance with recognized and accepted good engineering practices such as those found in the American Conference of Governmental Industrial Hygienists (ACGIH) publication, ?Industrial Ventilation? ?A Manual of Recommended Practice for Design.? 30th Edition-2019. 3. Relocate the liquid nitrogen dispensing system used to fill shipping Dewars and the Chart MVE CryoCart from the garage into the bulk storage room once the oxygen monitoring and industrial ventilation systems have been implemented to ensure employees are protected during dispensing operations. 4. Establish, implement and train employees on safe work procedures to include the use of cryogenic Personal Protective Equipment (PPE) for dispensing liquid nitrogen in the bulk storage room. Develop standard operating procedures (SOP?s) associated with the storage and dispensing of liquid nitrogen and provide training to ensure employees understand the requirements to include fundamental knowledge of the oxygen monitoring and ventilation systems. 5. Develop and train employees on emergency procedures and implement a plan to include escape routes in the event of a leak or spill in the bulk storage room.

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