OSHA Inspection: TEXSAND ENERGY RESOURCES, LLC

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $2,975 · Current $1,785 Reduced

General-duty citation text

29 CFR 1910.23(a)(5): Every pit and trapdoor floor opening, infrequently used, shall be guarded by a floor opening cover of standard strength and construction. While the cover was not in place, the pit or trap opening was not constantly attended by someone or protected on all exposed sides by removal standard railings:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that employees were protected from a fall hazard. Employees on the tripper floor were exposed to a fall hazard when the bin hatch was opened in that the 23.5 inch by 19.5 inch opening was not guarded on many bins. Employees were required to open the bin hatch to place the carriage over the hatch to deliver sand, to check the level of sand inside the bin, or to clean the bin. This condition exposed employees to an approximate fall hazard of up to 120 feet for the south bins or 160 feet for the north bins.

Issued

Oct 4, 2012

Penalty

Initial $1,785 · Current $1,071 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:    (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that employees were protected from a fall hazard. Employees stood on the truck trailers to ensure the sock was place. This condition exposed employees to a fall hazard of approximately 12 feet.

Issued

Oct 4, 2012

Abate by

Apr 15, 2013

Penalty

Initial $4,900 · Current $2,940 Reduced

General-duty citation text

29 CFR 1910.1000(c)(1): The did not ensure that any substance listed in Table Z-3, in any 8-hour work shift of a 40-hour work week, did not exceed the 8-hour time weighted average limit given for that substance in the table:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On 7/27/12, the employer did not ensure that employees exposed to respirable silica were below the permissible exposure limit (PEL). An employee, tripper floor operator, was sampled for 458 minutes. He was exposed to 34.5% silica. The calculated PEL for 34.5% is 0.2740 mg/m3. His calculated 8hr time weighted average was 0.6838 mg/m3. His calculated severity was 2.5 times the PEL. This condition exposed the employee to respiratory hazards of a known human carcinogen.    (b) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On 7/27/12, the employer did not ensure that employees exposed to respirable silica were below the permissible exposure limit (PEL). An employee, tripper floor operator, was sampled for 465 minutes. He was exposed to 35.9% silica. The calculated PEL for 35.9% is 0.2639 mg/m3. His calculated 8hr time weighted average was 0.7802 mg/m3. His calculated severity was 3.0 times the PEL. This condition exposed the employee to respiratory hazards of a known human carcinogen.

Issued

Oct 4, 2012

Abate by

Apr 15, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1000(e): Feasible administrative or engineering controls were not determined and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d):    (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On 7/27/12, the employer did not implement effective controls to reduce employee exposure to respirable silica. The employee assigned to operate the tripper floor was exposed to 2.5 times the Permissible Exposure Limit. This condition exposed employees to respiratory hazards of a known human carcinogen.     (b) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On 7/27/12, the employer did not implement effective controls to reduce employee exposure to respirable silica. The employee assigned as the truck spotter was exposed to 3.0 times the Permissible Exposure Limit. This condition exposed employees to respiratory hazards of a known human carcinogen.     STEP 1: Effective respiratory protection shall be provided and used by exposed employees as an interim protective measure until feasible engineering and/or administrative controls can be implemented or whenever such controls fail to reduce employee exposure to within exposure limits.   STEP 1 ABATEMENT DATE (15 DAYS): INSERT DATE    STEP 2: Submit to the Area Director a written detailed plan of abatement outlining a schedule for the implementation of engineering and/or administrative measures to control employee exposures to the hazardous substance referenced in this citation. The plan shall include, at a minimum, target dates for the following actions which should be consistent with the dates required by this citation:   (a) Evaluation of the extent and location of the hazard source;  (b) Evaluation of control measure options;   (c) Selection of optimum control measures;   (d) Determination of control measure design;   (e) Ordering and delivery of equipment;   (f) Installation of control measures;   (g) Training of employees in proper operation and maintenance of newly implemented control measures; and   (h) Assurance of the effective performance of control measures.     All proposed control measures shall be evaluated for each particular use by a competent Industrial Hygienist or other technically qualified person. Thirty (30) day progress reports are required during the abatement period. The progress report must identify the action taken to achieve abatement and the date the action was taken.   STEP 2 ABATEMENT DATE (60 DAYS): INSERT DATE     STEP 3: Abatement will be completed by the implementation of feasible engineering and/or administrative controls and upon verification of their effectiveness in achieving compliance.   STEP 3 ABATEMENT DATE (90 DAYS): INSERT DATE

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(c)(1): A written respiratory protection program with worksite specific procedures, as specified in subparagraphs (c)(1)(i) through (ix) of this section, was not established and implemented where respirator(s) were necessary to protect the health of the employee or whenever respirator(s) were required by the employer:      (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not establish and implement a respiratory protection program. Employees were required to wear North 5500 Series, half-faced, tight-fitting, air purifying respirators, equipped with N95 filters while shoveling sand inside a permit-required confined space. Employees also wore the respirators for comfort during cleaning activities such as, but not limited to, shoveling sand in the basement and in and around the loading/unloading area.

Issued

Oct 4, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify or evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not evaluate the respiratory hazards associated with exposure to silica dust. Employees were exposed to silica dust in the following, including but not limited to, situations: while sand was shoveled in the basement, in and around the loading/unloading area, and while inside a permit-required confined space. This condition exposed employees to respiratory hazards.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employees ability to use a respirator before the employee was required to use the respirator in the workplace:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not provide medical evaluations prior to the issuance and subsequent usage of respirators by employees. Employees were required to wear North 5500 Series, half-faced, tight-fitting, air purifying respirators, equipped with N95 filters while exposed to silica dust.

Issued

Oct 4, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):  Employees using tight-fitting facepiece respirators were not fit tested whenever a different respirator facepiece (size, style, model or make) was used:    (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that fit tests were provided to employees prior to the required use of North 5500 Series half-faced, tight-fitting, air purifying respirators, equipped with N95 filters while exposed to silica dust.

Issued

Oct 4, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(k)(1): The employer did not provide training prior to requiring employees to use respirators in the workplace:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that respirator training was provided to employees prior to the required use of North 5500 Series half-faced, tight-fitting, air purifying respirators, equipped with N95 filters while exposed to silica dust.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(g)(1)(i)(A): Respirators with tight-fitting facepieces were worn by employees who had facial hair that came between the sealing surface of the facepiece and the face or that interfered with valve function:    (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure the employees equipped with North 5500 Series, half-face, tight-fitting, air purifying respirators were clean shaven prior to there use.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(1): The employer did not ensure that respirators were cleaned and disinfected using the procedures in Appendix B-2 of this section, or procedures recommended by the respirator manufacturer:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that North 5500 series, half-face, tight-fitting respirators were cleaned and disinfected prior to use by employees. Employees used respirators with observable dirt and dust inside the face piece.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(2)(i): The employer did not ensure that respirators were stored in a manner that protected them from damage, contamination, dust, sunlight, extreme temperature, excessive moisture, and damaging chemicals or were not packed or stored to prevent deformation of the facepiece and exhalation valve:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that respirators were stored in a manner that could protect them from damage. Employer supplied North 5500 Series, half-face, tight-fitting, air purifying respirators were stored in personnel lockers, as well as in the basement hanging from a hook without the use of a tight sealing bag, where therefore were subject to contamination prior to use.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $2,975 · Current $1,785 Reduced

General-duty citation text

29 CFR 1910.146(c)(4): The employer did not implement a written permit space program that complied with this section. A written program was not available for inspection by employees:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not develop and implement or make available a written permit space program. Employees entered flat bottom silos, which stored various grades of sand. Employees shoveled sand toward a closed hatch. The movement of the sand created an engulfment hazard.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:  	  (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that permit-required confined spaces were marked with appropriate warning signs. The 22 inch diameter man-way access on north silos were not appropriately marked.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $2,975 · Current $1,785 Reduced

General-duty citation text

29 CFR 1910.146(d)(2): The employer did not identify and evaluate the hazards of permit spaces before employees were required to enter the space:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not identify and evaluate hazards associated with engulfment. Employees entered flat bottom silos, which stored various grades of sand. Employees shoveled sand toward a closed hatch. The movement of the sand created an engulfment hazard.

Issued

Oct 4, 2012

Abate by

Oct 19, 2012

Penalty

Initial $2,975 · Current $1,785 Reduced

General-duty citation text

29 CFR 1910.146(k)(1)(ii): The employer did not evaluate a prospective rescue services ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space:     a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not evaluate the expected rescue service. The employer expected to use local emergency services, but had not taken the necessary steps to ensure that the service was capable of performing an extraction from their silos.

Issued

Oct 4, 2012

Penalty

Initial $2,975 · Current $1,785 Reduced

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section:     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did not ensure that employees were provided training to ensure that they had the understanding, knowledge, and skill necessary for safe performance while working inside a permit-required confined space.

Issued

Oct 4, 2012

Penalty

Initial $2,975 · Current $1,785 Reduced

General-duty citation text

29 CFR 1910.219(f)(3): Sprocket wheels and chains which were seven feet or less above floors or platforms were not enclosed:                                                                                                     (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On and before 7/2/12, the employer did ensure that a drive gear was guarded. The conveyor system in the basement utilized a motor and chain drive system. The chain and gears were within arms reach of the operator and were not guarded. The sprocket wheel was located approximately 30 inches away from the control switch and approximately 49 inches off the ground. This condition exposed employees to amputation hazards.

Issued

Oct 4, 2012

Abate by

Nov 30, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) of this section for labels and other forms of warning, material safety data sheets, and employee information and training will be met:    (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On 7/2/12, the employer did not develop, implement, and/or maintain a written hazard communication program. Employees were exposed to various chemical to include, but not limited to, silica and shop-related products.

Issued

Oct 4, 2012

Abate by

Nov 30, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(e)(1)(i): The employer did not maintain a list of the hazardous chemicals that were known to be present using an identity that was referenced on the appropriate material safety data sheet:    (a) Texsand Energy Resources, LLC @ 4390 Madison St., Denver, CO 80216: On 7/2/12, the employer did not maintain a list of the chemicals and/or products used at the facility. Employees were exposed to various chemical to include, but not limited to, silica and shop-related products.