OSHA Inspection: ENVIRONMENTAL REMEDIATION AND RECOVERY, INC.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2000.00 · Current $1400.00 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Open-sided floors and/or platforms four feet or more above adjacent floor or ground level were not guarded with standard railings (or equivalent) and toeboards:      On the fuel side, where the fixed platform and hinged car platform meet, when folded for railcar access, guardrail openings ranging from 10 to 12 inches in width between the platforms.  Employees were exposed to falling up to 15 feet to a concrete floor below.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

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:    Employees conducting permit-required confined space entries on he Fuel Side, working from the top of railcars, were exposed to the hazard of falling approximately 15 feet when standard railings were not provided on cars and no fall protection equipment was provided.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.134(d)(2)(i)(B): The employer did not provide a full facepiece pressure demand supplied-air respirator (SAR) with auxiliary self-contained air supply for employee use in IDLH atmospheres:    On or about May 20, 2014, on the Fuel side, employees were required to enter permit required confined space (ADMX 29425) to remove sweet crude oil with an immediately dangerous to life or health (IDLH) atmosphere.  Employees entered the IDLH space without an auxiliary self-contained air supply.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee's ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:     On the Fuel and Food Grade sides, employees were required to wear tight-fitting full-face airline respirators or full-face cartridge respirators.  The employer failed to ensure that employees were provided with a medical evaluation before being required to wear a respirator.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):    On the Fuel side and Food Grade side, employees were required to wear full-face, tight-fitting and/or full-facepiece pressure-demand supplied-air respirators.  The employer did not ensure that employees were fit tested on the make, model, style and size of each respirator required to be worn.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.134(i)(7): Oil lubricated compressor(s) used to supply breathing air did not have a high-temperature or carbon monoxide alarm(s) or both:     On the Fuel side, employees were required to enter a permit required confined space while utilizing a supplied air respirator (SAR) with air supplied from an oil lubricated compressor.  Employees were exposed to hazards of high temperature and/or carbon monoxide when the SAR was not equipped with a high temperature alarm or a carbon monoxide alarm.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2000.00 · Current $1400.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(3)(i): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, specifying acceptable entry conditions:    The employer's written permit-required confined space program did not specify acceptable entry conditions for safe employee entry into railcars on both the Food Grade and Fuel sides of the operation, including, but not limited to: corn syrup, molasses, ethanol and sweet crude oil.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(3)(iv): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not develop and implement the means, procedures, and practices necessary for safe permit entry operations, including providing purging, inerting, flushing or ventilating the permit space as necessary to eliminate or control atmospheric hazards:    The written permit-required confined space program did not specify how to set up and use the ventilation equipment to eliminate or control the atmospheric hazards during Food Grade/Fuel side tank railcar entry.  Passive and mechanical ventilation was provided prior to entry, but not during entry to maintain acceptable entry conditions.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(d)(4)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used the ventilating equipment properly:    On and before May 20, 2014, the employer did not ensure employees used ventilation equipment properly, including prior to entry, and during entry, to ensure that atmospheric hazards were controlled in railcars containing sweet crude oil.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(4)(viii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that rescue and emergency equipment needed to comply with 29 CFR 1910.146(d)(9) were maintained properly:    On or about May 20, 2014, on the Fuel side, employees were required to enter permit required confined space (ADMX 29425) to remove sweet crude oil.  The employer did not ensure that a functioning mechanical lifting device was available for use during an emergency rescue of an incapacitated entrant during entry operations.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(9): The employer did not develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and/or for preventing unauthorized entry:    On or about May 20, 2014, on the Fuel side, employees were required to enter permit required confined space (ADMX 29425) to remove sweet crude oil.  The employer did not develop or implement procedures to activate employees designated as emergency responders, or how and when to summon outside rescue and emergency services.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(i)(7): The employer did not ensure that each attendant summoned rescue and other emergency services as soon as the attendant determined that authorized entrants needed assistance to escape from permit space hazards:    On or about May 20, 2014, on the Fuel side, employees were required to enter permit required confined space (ADMX 29425) to remove sweet crude oil.  The Fuel side Entry Supervisor and Attendant did not summon outside local emergency rescue services, '911', when it was immediately determined that employee emergency responders could not remove the incapacitated Entrant.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2000.00 · Current $1400.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(14): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not review the permit-required confined space program, using the canceled permits retained under 29 CFR 1910.146(e)(6) within one year after each entry and did not revise the program as necessary to ensure that employee participation in entry operations were protected from permit space hazards:     The employer did not review the permit-required confined space program, using the cancelled permits, within one year of each entry to ensure that employees were protected from hazards of entry and to revise the program as necessary.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $1600.00 · Current $1120.00 Reduced

General-duty citation text

29 CFR 1910.146(e)(5)(i): The entry supervisor did not terminate entry and cancel the entry permit when the entry operations covered by the entry permit had been completed:     On or before May 19, 2014, the entry supervisor for the Food Grade side did not cancel the entry permit when the molasses railcar entry of GATX 23940 was terminated.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $1600.00 · Current $1120.00 Reduced

General-duty citation text

29 CFR 1910.146(g)(2)(iv): The employer did not provide training to each affected employee whenever the employer had reason to believe either that there were deviations from the permit space entry procedures required by 29 CFR 1910.146(d)(3) or that there were inadequacies in the employee's knowledge or use of these procedures:     The employer did not train affected employees upon discovery of deviations from required entry procedures, such as but not limited to: failure to properly record testing results, failure to test railcars prior to entry, and failure to utilize required rescue equipment.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.146(k)(1)(i): When designating rescue and emergency services pursuant to paragraph (d)(9), the employer did not evaluate the prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazards identified:     On or about May 20, 2014, on the Fuel side, the employer had not previously evaluated the ability of the emergency rescue services (911) to provide timely rescue in a permit required confined space railcar (ADMX 29425) containing a hazardous atmosphere.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(k)(1)(ii): When designating rescue and emergency services pursuant to paragraph (d)(9), the employer did not evaluate the prospective rescuer's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular space or types of spaces identified:    The employer did not evaluate the training of the emergency rescue service prior to designation, to ensure that the responders could effectively rescue an entrant in railcar spaces, including tank railcars.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $2800.00 · Current $1960.00 Reduced

General-duty citation text

29 CFR 1910.146(k)(1)(iv): The employer who had designated rescue and emergency services did not inform each rescue team or service of the hazards they may confront when called to perform rescue at the site:    As a backup to employee rescue response, the employer designated calling 911 for emergency services, but did not inform each responding service (police, Fire and Rescue, and EMS) of the hazards to expect when they were summoned to the site.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(k)(1)(v): The employer who had designated rescue and emergency services did not provide the selected rescue team or service  with access to all permit spaces from which rescue could  be necessary, so that the rescue service could develop appropriate rescue plans and practice rescue operations:    The employer designated calling 911 for outside emergency rescue services, and did not provide access to the rescue services to all permit spaces so rescue plans and practice rescue operations could be made.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $14000.00 · Current $9800.00 Reduced

General-duty citation text

29 CFR 1910.134(g)(3)(vi)(A): Employees located outside the immediately dangerous to life or health atmosphere were not equipped with pressure demand or other positive pressure SCBAs, or a pressure demand or other positive pressure supplied-air respirator with auxiliary SCBA:    The employer did not equip employees with pressure demand or other positive pressure supplied-air respirators with SCBAs outside permit required confined spaces with IDLH atmospheres for use in case of emergency rescue.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(k)(2)(i): The employer did not provide affected employees with the personal protective equipment (PPE) needed to conduct permit space rescues safely and did not train affected employees so they were proficient in the use of that PPE, at no cost to those employees:    The employer did not provide equipment or train employees designated as rescuers in the use of PPE, such as respiratory protection necessary to proficiently conduct permit space rescue in the event of an emergency.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $14000.00 · Current $9800.00 Reduced

General-duty citation text

29 CFR 1910.134(h)(4): Respirators that failed an inspection or were otherwise found to be defective were not removed from service and discarded or repaired:    The MSA Type-C Ultraview Full Face respirator mask used with a supplied airline for Fuel Side permit required confined space entries into rail tank cars had a broken lower head strap, a broken breathing tube snorkel, and an airline with splices and holes.  The employer did not remove the mask, snorkel, or airline from service and discard or repair them.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $14000.00 · Current $9800.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(5)(i): The employer authorized entry to begin after evaluation testing of the permit space conditions determined that acceptable entry conditions did not exist:     On or about May 20, 2014, entry into the tank railcar ADMX 29425 containing sweet crude oil residue was authorized after testing determined that entry conditions were not acceptable; the testing conducted prior to entry triggered multiple sensor alarms on the 4-gas meter.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $14000.00 · Current $9800.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(5)(ii): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not evaluate permit space conditions when entry operations were conducted by testing or monitoring the permit space as necessary:    On or before May 20, 2014, the employer did not monitor permit-required confined space railcar entries as necessary during the course of cleaning operations to ensure acceptable entry conditions were maintained.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $14000.00 · Current $9800.00 Reduced

General-duty citation text

29 CFR 1910.146(e)(1): Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:     On May 20, 2014, the Entry Supervisor did not complete an entry permit prior to beginning cleaning operations, as required, for confined space entry into railcar ADMX 29425 containing sweet crude oil.  The permit would have documented the measures taken to ensure safe permit entry.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(j)(2): The employer did not ensure that each entry supervisor verified, by checking that the appropriate entries had been made on the permit, that all tests specified by the permit had been conducted and that all procedures and equipment specified by the permit were in place before endorsing the permit and allowing entry to begin:    On and before May 20, 2014, the Entry Supervisors did not verify and ensure that all of the appropriate entries were made on the permit-required confined space entry permits for railcars entered, such as, but not limited to, atmospheric testing and ensuring rescue equipment was in place prior to entry.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $14000.00 · Current $9800.00 Reduced

General-duty citation text

29 CFR 1910.146(k)(2)(iv): The employer did not ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces, or from representative permit spaces:    The employer did not conduct rescue drills with affected employees, designated as rescuers, that included removal of dummies, manikins or persons from permit or representative permit spaces at least every 12 months.

Issued

2014-11-18 00:00:00

Abate by

2015-04-17 00:00:00

Penalty

Initial $70000.00 · Current $49000.00 Reduced

General-duty citation text

29 CFR 1910.146(k)(3): 29 CFR 1910.146(k)(3): To facilitate non-entry rescue, retrieval systems or methods were not used whenever an authorized entrant entered a permit space:    On or about May 20, 2014, the employer did not ensure that retrieval systems consisting of a chest or full body harness with retrieval line attached, and a mechanical device capable of retrieving personnel from permit spaces with more than a 5 foot vertical depth, were used during entry to railcar ADMX 29425 for sweet crude oil cleanout.