OSHA Inspection: FENLEY & NICHOL CO., INC.

Issued

Jan 16, 1991

Abate by

Feb 20, 1991

Penalty

Initial $560 · Current $400 Reduced

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
THE HAZARDS ASSOCIATED WITH WORKING IN CONFINED SPACES:
A) AT&T FACILITY, HORSEBLOCK RD., CENTEREACH, NY; ON OR ABOUT 10/30/90;
EMPLOYEE REMOVING GASOLINE SLUDGE FROM A 4000 GALLON GASOLINE TANK,
WITH ONLY ONE END CUT OUT FOR VENTILATION, WAS PERMITTED TO DO SO
WITHOUT THE BENEFIT OF A PROPER CONFINED SPACE ENTRY PROCEDURE.
EMPLOYER WAS EXPOSED TO GASOLINE VAPORS AND LOW OXYGEN CONTENT
ASSOCIATED WITH GASOLINE TANK REMOVAL.
ABATEMENT NOTE:
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD TO
CORRECT THIS HAZARD IS TO ESTABLISH AND ENFORCE ADEQUATE CONFINED SPACE
ENTRY PROCEDURES SUCH AS THAT STIPULATED BY ANSI Z117.1-1989, AMERICAN
NATIONAL STANDARDS SAFETY REQUIREMENTS FOR CONFINED SPACES. ESSENTIAL
ELEMENTS OF A CONFINED SPACE ENTRY PROCEDURES INCLUDE AT A MINIMUM:
1) INSTRUCTIONS AS TO THE NATURE OF THE HAZARDS INVOLVED AND NECESSARY
PRECAUTIONS TO BE TAKEN BY EMPLOYEES RELATIVE TO CONFINED SPACE
ENTRY.
2) POSTING OF WRITTEN CONFINED SPACE ENTRY PROCEDURES ADJACENT TO PITS,
TANKS, VESSELS OR OTHER CONFINED SPACE AREAS WHICH MAY BE ENTERED.
3) USE OF CLEANING, PURGING, AND VENTILATING PROCEDURES TO REMOVE
SLUDGE AND OTHER RESIDUE PRIOR TO CONFINED SPACE ENTRY.
4) IMPLEMENTATION OF ESTABLISHED LOCKOUT/TAGOUT AND ISOLATION PROCEDURES
WHERE APPLICABLE, AND ISSUANCE OF A PROPER ENTRY PERMIT PRIOR TO
CONFINED SPACE ENTRY.
5) USE OF ATMOSPHERIC TESTING PROCEDURES TO DETERMINE THE PRESENCE OF
HAZARDOUS AIR CONTAMINANTS AND POTENTIAL OXYGEN DEFICIENCY PRIOR TO
ENTRY INTO THE CONFINED SPACE.
6) WHERE IT HAS BEEN DETERMINED THAT THE CONFINED SPACE CONTAINS A
HAZARDOUS CONCENTRATION OF AN AIR CONTAMINANT AND/OR AN OXYGEN
DEFICIENCY, USE OF MECHANICALLY INDUCED VENTILATION IN THE CONFINED
SPACE BEFORE ENTRY AND DURING OCCUPANCY AND/OR USE OF RESPIRATORY
PROTECTIVE EQUIPMENT WHICH PROVIDES ADEQUATE PROTECTION AGAINST
THE HAZARD(S) ENCOUNTERED.
7) USE OF APPROPRIATE PROTECTIVE CLOTHING, WHERE APPLICABLE.
8) PROVISIONS FOR A STANDBY OBSERVER LOCATED OUTSIDE THE CONFINED SPACE
INCLUDING A MEANS OF COMMUNICATION WITH THE WORKER INSIDE THE
CONFINED SPACE AND A MEANS OF OBTAINING IMMEDIATE HELP IN AN
EMERGENCY.
9) PROVISIONS AND PROCEDURES FOR READILY AVAILABLE EMERGENCY STANDBY
EQUIPMENT CONSISTING OF A SAFETY LINE AND HARNESS ARRANGEMENT AND A
SELF-CONTAINED POSITIVIE PRESSURE BREATHING APPARATUS CERTIFIED BY
THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH (NIOSH) AND
THE MINE SAFETY AND HEALTH ADMINISTRATION (MSHA).
10)IMPLEMENTATION OF PERIODIC TRAINING SESSIONS FOR EMPLOYEES RELATIVE
TO CONFINED SPACE ENTRY, RESCUE, AND FIRST-AID PROCEDURES.

Issued

Jan 16, 1991

Abate by

Feb 20, 1991

Penalty

Initial $560 · Current $400 Reduced

Issued

Jan 16, 1991

Abate by

Feb 20, 1991

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Penalty

Initial $480 · Current $300 Reduced

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Penalty

Initial $480 · Current $300 Reduced

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Penalty

Initial $480 · Current $300 Reduced

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Penalty

Initial $480 · Current $300 Reduced

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Penalty

Initial $480 · Current $300 Reduced

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Penalty

Initial $480 · Current $400 Reduced

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Issued

Jan 16, 1991

Abate by

Apr 1, 1991

Issued

Jan 16, 1991

Abate by

May 15, 1991

Penalty

Initial $480 · Current $400 Reduced

Issued

Jan 16, 1991

Abate by

May 15, 1991

Issued

Jan 16, 1991

Abate by

May 6, 1991

Issued

Jan 16, 1991

Abate by

May 15, 1991

Issued

Jan 16, 1991

Abate by

Feb 20, 1991

Penalty

Initial $320 · Current $200 Reduced