OSHA Inspection: NATIONAL ENVIRONMENTAL SERVICES CORPORATION

Issued

Dec 31, 1991

Abate by

Mar 2, 1992

Penalty

Initial $2,500 · Current $2,500

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970:
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 in that employees
were exposed to:
At NES Corporation, employees entered confined spaces and there
was no comprehensive confined space entry program.
a.   On or about July 5, 1991, July 6, 1991, and July 30, 1991,
maintenance personnel, incinerator operators, and/or dock
hands entered parts of the incinerators, (primary chamber,
secondary chamber, and damper), confined spaces, for
cleaning operations and/or repair and confined space entry
procedures as outlined in the abatement methods were not
followed.  These procedures were necessary to protect the
employee from possible exposure to oxygen deficient
atmospheres, toxic gases and vapors, dust, heat, and
combustible gases.
b.   On or about July 11, 1991, July 13, 1991, July 15, 1991,
July 17, 1991, and July 18, 1991, maintenance personnel
and/or incinerator operators entered the pits below the
incinerators, confined spaces, for cleaning operations
and/or repair and confined space entry procedures as
outlined in the abatement methods were not followed.  These
procedures were necessary to protect the employee from
possible exposure to oxygen deficient atmospheres, toxic
gases and vapors, and combustible gases.
c.   On or about July 23, 1991, dock hands and/or line assistants
entered a semi-trailer, a confined space, that had contained
for over a week old medical waste and confined space entry
procedures were not followed.  These procedures were
necessary to protect the employee from exposure to oxygen
deficient atmospheres, toxic gases and vapors, and
combustible gases.
Among other methods, a feasible and acceptable abatement method
to correct these hazards could include:
1.   Institute a formal confined space entry program such
as stipulated by ANSI Z117.1 - 1977, American National
Standard of Safety Requirements for Working in Tanks
and other Confined Spaces.  A minimally acceptable
confined space entry program consists of the following
elements:
a.   Assignment of a competent individual to conduct
an entire plant survey to identify all confined
spaces within the plant and any unique hazards.
b.   Labelling of confined spaces.
c.   Written procedures covering a permit system,
ventilation, lockout/tagout, labelling,
atmospheric testing, rescue procedures, and
employee training.
d.   Employees shall be required to obtain and post
a written authorization signed by a supervisor
prior to confined space entry (confined space
entry permit).  The permit shall specify the
location and type of work to be done and certifies
that all existing and potential hazards have been
evaluated by a qualified person and necessary
protective measures have been taken to ensure
the safety of each worker.
e.   Provide mechanical ventilation of the confined
space prior to entry and continued ventilation
to provide a safe atmosphere when determined
necessary as described in (d) above.
f.   Test the confined space prior to entry and on
a regular basis as determined necessary as
described in (d) above during occupancy for the
presence of at least 19.5% oxygen and/or presence
of toxic substances such as carbon monoxide,
carbon dioxide, and caustic soda.  Testing shall
be conducted during the same time for levels of
flammable vapors and gases such as methane to
be maintained below 10% of the lower explosive
limit.  Measurements shall be made with
instruments calibrated daily according to
manufacturer's instructions.  Instrument operators
shall be trained in the use and care of
instruments.
g.   Lockout and tagout procedures shall be used for
any electrical or mechanical equipment to which
an employee in a confined space could be exposed.
All pipes that are open into the confined space
shall be bled and blanked prior to entry.
h.   Personal protective equipment such as respiratory
protection shall be chosen and provided on the
basis of testing and monitoring.  Users of this
equipment shall be trained in its limitations
and use.  Respiratory protection shall be used
in accordance with section 1910.134 of 29 CFR
1910 General Industry Standards.  Additional
personal protective equipment such as gloves,
hard hats, cool vests or suits, and eye protection
shall be chosen when determined necessary by the
qualified person.
i.   Require a person to stand by for rescue outside
the confined space to be in immediate contact
with the employee in the confined space.
j.   Emergency rescue procedures shall be established
with a requirement that the standby person is
stationed outside of the confined space with
proper equipment to provide for the rescue of
the person entering the space.  Such equipment
shall include safety harness and lifelines with
provisions for hoisting the employee from the
confined space.  If entry is required for rescue,
the rescue employee shall be equipped with
approved air supplied respiratory equipment and
other appropriate personal protective equipment.
The standby person shall have some means of
alerting others to an emergency situation such
as by an air horn, intercom system, and/or alarm
system.
k.   Employees who are required to work in confined
space and the standby personnel shall be trained
in all aspects of the confined space program and
the identification of potential hazards within
the confined space.
l.   Assignment of competent individual to ensure
enforcement of the confined space entry
procedures, adequate training of the employees
involved in confined space entry, and proficiency
in the use of protective equipment.
Disclaimers:
a.   The employer is not limited to the abatement methods
suggested by OSHA.
b.   The methods explained are general and may not be
effective in all cases.
c.   The employer is responsible for selecting and carrying
out an appropriate abatement method.

Issued

Dec 31, 1991

Abate by

Feb 3, 1992

Penalty

Initial $1,250 · Current $1,250

Issued

Dec 31, 1991

Abate by

Feb 3, 1992

Penalty

Initial $1,250 · Current $1,250

Issued

Dec 31, 1991

Abate by

Feb 3, 1992

Penalty

Initial $1,000

Issued

Dec 31, 1991

Abate by

Feb 3, 1992