OSHA Inspection: CLEAN FUELS OF INDIANA, INC.

Issued

May 14, 2015

Abate by

May 27, 2015

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

29 CFR 1910.23(a)(6): Manhole floor opening(s) with the cover(s) removed were not constantly attended by someone or protected on all exposed sides by removable standard railings:  a.   On or about December 29, 2014, at the pump well manhole, a removable standard railing was not installed, exposing employees to a 5 feet and 5 inches fall hazard.  An employee died after fall into the unprotected opening.

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $5,000 · Current $5,000

Hazardous substances 00100320108024602590

General-duty citation text

29 CFR 1910.134(c)(1): In any workplace where respirators are necessary to protect the health of the employees or whenever respirators are required by the employer, the employer did not establish and implement a written respiratory protection program with required worksite-specific procedures.  The respiratory protection program shall include, at a minimum, procedures for selecting respirators; medical evaluations; fit testing; procedures for proper use in routine and reasonably foreseeable emergency situations; procedures for cleaning, storing, inspecting, repairing and discarding respirators; employee training regarding respiratory hazards they are exposed to, proper uses and limitations of respirators; and procedures for regularly evaluating the effectiveness of the respirator program:  a.   On or about December 29, 2014, at the Race Trac Store number 2367 job site, the employer had not developed and implemented a written respiratory program for employees required to wear a tight fitting 3M model 6200 respirator during fuel tank cleaning operations while overexposed to toxic aromatic vapor components of gasoline.  An employee died from an overexposure to benzene, ethyl benzene, xylene, acetaldehyde, and toluene.  The required elements of items (i) through (ix) of the 29 CFR 1910.134(C)(1) standard were not in effect, specifically:          1.  The employer had not established procedures for respirator selection based on contaminant concentration.          2.  The employer had not conducted medical evaluations of employees required to wear respirators.          3.  The employer had not developed written procedures for the use of respirators in routine and reasonably foreseeable emergency situations.          4.  The employer had not developed procedures for cleaning disinfecting, storing, inspecting, repairing, discarding, and otherwise maintaining respirators.          5.  The employer had not developed procedures for evaluating the effectiveness of the program.

Issued

May 14, 2015

Abate by

Jun 10, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 00100320108024602590

General-duty citation text

29 CFR 1910.134(d)(1)(i):  Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:   a.  On or about December 29, 2014, the employer had not determined all respiratory hazards that would affect the selection, performance, and reliability of respirators worn by employees who were exposed to gasoline vapors and diesel exhaust gases while filtering fuel tanks.

Issued

May 14, 2015

Abate by

Jun 10, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 0320108024602590

General-duty citation text

29 CFR 1910.134(d)(3)(iii)(B)(2): The employer did not implement a change schedule for respirators not equipped with an End of Service Life Indicator that would ensure cartridges were changed before the end of their service life:  a.   On or about December 29, 2014, employees wearing tight-fitting respirators with 3M 6003 organic vapor cartridges while exposed to gasoline vapors were not provided a change schedule by the employer for replacement of the cartridges.

Issued

May 14, 2015

Abate by

Jun 10, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 00100320108024602590

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:  a.   On or about December 29, 2014, the employer had not provided medical evaluations to employees required to wear tight fitting respirators while exposed to gasoline vapors.

Issued

May 14, 2015

Abate by

Jun 10, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 00100320108024602590

General-duty citation text

29 CFR 1910.134(h)(1):  Respirators were not cleaned and disinfected using the procedures in Appendix B-2 of 29 CFR 1910.134 or equivalent procedures recommended by the respirator manufacturer:  a.  On or about December 29, 2014, employees performing fuel tank filtration wore respirators that had not been properly cleaned following use with gasoline vapors, allowing migration of contaminants throughout the respirators.

Issued

May 14, 2015

Abate by

Jun 10, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 00100320108024602590

General-duty citation text

29 CFR 1910.134(k)(1):  The employer did not provide effective training to employees who were required to use respirators:  a.   On or about December 29, 2014, employees required to wear respirators when exposed to gasoline vapors while performing fuel tank filtration had not been trained on proper respirator cleaning, storage, filter replacement, and all chemical inhalation exposure hazards.

Issued

May 14, 2015

Abate by

Jun 10, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 00100320108024602590

General-duty citation text

29 CFR 1910.134(l)(1):  Evaluations of the workplace were not conducted to ensure the written respiratory protection program was being effectively implemented:  a.   On or about December 29, 2014, the employer had not performed an evaluation to determine the effectiveness of the 3M 6200 half-face respirators with organic cartridge filters that employees were required to wear when exposed to gasoline vapors while performing fuel tank filtration at Race Trac store number 2367.

Issued

May 14, 2015

Abate by

Jun 3, 2015

Penalty

Initial $1,600 · Current $1,600

General-duty citation text

29 CFR 1910.146(c)(1): The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:  a.  On or about December 29, 2014, at Race Trac Store 2367, the employer did not evaluate the job site to determine that the Submersible Turbo Pump wells were permit-required confined spaces, exposing employees to a toxic atmosphere.

Issued

May 14, 2015

Abate by

Jun 3, 2015

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.   On or about December 29, 2014, at Race Trac store 2367, the employer did not post danger signs or provide other effective means of alerting employees to the danger posed by a toxic atmosphere in the Submersible Turbine Pump wells, exposing employees to a toxic atmosphere.

Issued

May 14, 2015

Abate by

Jun 3, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(3): When the employer decided its employees would not enter permit spaces, the employer did not take effective measures to prevent its employees from entering the permit-required confined spaces:  a.   On or about December 23, 2014, at Race Trac store 2367, the employer had not prevented employees from entering the permit-required confined spaces of the Submersible Turbine Pump wells.