OSHA Inspection: NATIONAL COAL COUNTY, LLC

Issued

May 5, 2009

Abate by

May 13, 2009

Penalty

Initial $4,000 · Current $2,000 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 hazard(s) of fire and struck-by flying
objects.
At the worksite:  On or about December 8, 2008, and at times prior
thereto, the employer
allowed employees to be in close physical proximity to contractors who
were conducting
maintenance type work on a electrostatic treater unit that had not been
purged of flammable
or combustible vapors prior to opening the hatch on the tank.  Employees
were exposed to
the hazards associated with flash fire and struck-by flying objects.
One feasible means of abatement for this hazard, among others, is to
ensure that employees
stay at a safe distance from the vessel until it has been purged of
hazardous substances per
the National Fire Protection Association (NFPA) Standard 326, section
5.2.1 "Prior to
opening the tank or container, as much hazardous substance, water, and
sediment as practical
shall be removed from the tank or container using fixed piping and
connections.  This
process shall include the removal of liquids or gases from any internal
piping, traps, and
standpipes that can be drained or pumped without opening the tank or
container."

Issued

May 5, 2009

Abate by

May 13, 2009

Penalty

Initial $4,000 · Current $2,000 Reduced