OSHA Inspection: EMERSON CONSTRUCTION, INC.

Issued

Feb 21, 2002

Abate by

Mar 5, 2002

Penalty

Initial $42,000 · Current $42,000

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:
On or about August 27, 2001, Emerson Construction employees were
performing sewer manhole
vacuum-testing at the Clarion Lakes residential subdivision jobsite, 4300
S.W. Wanamaker,
Topeka, Kansas.  Employees were exposed to hazards of an oxygen deficient
atmosphere in that,
prior to entry into the manhole, the employer did not implement and
enforce a confined space
program, i.e., the use of a confined space entry permit system authorizing
entry and certifying
that all existing and potential hazards had been evaluated; the use of
continuous mechanical
ventilation to ensure the presence of sufficient oxygen; the use of
atmospheric testing and
monitoring equipment to ensure the presence of sufficient oxygen and the
absence of hazardous
levels of toxic or combustible gases or vapors; and, the availability and
use of rescue equipment
such as a safety harness and life line for hoisting employees from the
confined space in an
emergency.
AMONG OTHER METHODS, ONE FEASIBLE AND ACCEPTABLE ABATEMENT
METHOD TO CORRECT THIS HAZARD IS:
Establish and enforce an adequate  confined space entry program such as
stipulated by ANSI
Z117.1-1995, American National Standard Safety Requirements for Confined
Spaces.  Such a
program shall include, as a minimum, the following elements:
1) Written procedures covering a permit system, ventilation, atmospheric
testing,
rescue procedures and employee training.
2) The completion and posting of a confined space entry permit which
requires
authorization and approval in writing that specifies 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 that necessary measures have been taken to
ensure the
safety of each worker.
3) Blinding, blocking, bleeding, purging, lockout or any other steps
necessary to
reduce to and ensure zero mechanical and thermal state all mechanical,
electrical,
hydraulic, pneumatic, liquid and gas systems relating to the confined
space should
any of these systems be put in motion or otherwise activated.
4) Mechanical ventilation of the confined space prior to entry and
continued
ventilation to provide a safe atmosphere, when determined necessary as
described
in (2) above.
5)  Testing the atmosphere of the confined space prior to entry and on a
regular
basis for presence of sufficient oxygen and absence of hazardous levels or
toxic
or combustible gases or vapors, when determined necessary as described in
(2)
above.
6) Emergency rescue procedures with requirement that trained personnel are
available and are stationed outside the confined space with proper
equipment to
provide for the rescue of persons entering the space as determined
necessary as
described in (2) above.  Such equipment must include safety harness and
life lines
with provisions for hoisting employees from the confined space.  If entry
is
required for a rescue, the rescuing employee must be equipped with
approved air
supplied respiratory equipment and other appropriate personal protective
equipment.
7)  Training of any and all employees required to enter the confined space
and
all employees required to standby for rescue.  This training shall include
procedures required prior to entry, during occupation of the confined
space,
procedures for safe rescue of employees in the confined space and the
hazards
associated with work in confined spaces.
29 CFR 1903.19(d)(1) requires certification and documentation that the
abatement of the
above violation is complete.

Issued

Feb 21, 2002

Abate by

Mar 11, 2002

Penalty

Initial $42,000 · Current $42,000