OSHA Inspection: ANDERSON TANK & TRAILER SERVICE, INC.

Issued

Apr 10, 2015

Abate by

May 15, 2015

Penalty

Initial $2,400 · Current $2,160 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 fall hazards:     (a)Anderson Tank & Trailer Service, Inc., @ 6087 East 52nd. Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not ensure that each employee who was required to work on the elevated work platform consisting of a pallet attached to the Hyster Forklift, were protected from fall hazards. This condition exposed the employees to fall hazards up to 10 feet to the ground.    Among other methods, one feasible and acceptable abatement method to correct this hazard is to follow ASME/ANSI requirements associated to lifting personnel: (a) Only operator-up high lift trucks have been designed to lift personnel. If a work platform is used on trucks designed and intended for handling materials, the requirements of paragraphs 4.17.2 and 4.17.3 shall be met for the protection of personnel. Whenever a truck is used to elevate personnel, the precautions for the protection of personnel shall be taken as per ASME B56.1-2000, The American Society of Mechanical Engineers An American National Standard Safety Standard for Low Lift and High Lift Trucks, paragraph 4.17.2-4.17.3.

Issued

Apr 10, 2015

Abate by

Oct 30, 2015

Penalty

Initial $2,400 · Current $2,160 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact:      (a)Anderson Tank & Trailer Service, Inc. @ 6087 East 52nd Ave., Commerce City, CO 80022: On and before January 15th, 2015, the employer did not ensure that employees were protected from fall hazards while working on top of tanks. The employer did not select PPE and require the use of appropriate fall protection systems when employees were required to conduct activities such as, but not limited to: maintenance repairs on top of tanks;  and performing pneumatic and hydrostatic pressure testing to detect leaks on cargo tank piping and compartment systems while working from the top of tank trailer trucks. These conditions exposed the employees to fall hazards of approximately 10 feet to the ground.        Abatement Note:  When then employer has determined that hazards are present, or likely to be present, the employer shall:       (1)Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment;      (2)Communicate selection decisions to each affected employee; and,      (3)Select PPE that properly fits each affected employee.      (4)The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.      (5)Defective and damaged equipment. Defective or damaged personal protective equipment shall not be used.      (6)The employer shall provide training to each employee who is required by this section to use PPE. Each such employee shall be trained to know at least the following:      (a) When PPE is necessary;      (b)What PPE is necessary;      (c)How to properly don, doff, adjust, and wear PPE;      (d)The limitations of the PPE; and,      (7)Each affected employee shall demonstrate an understanding of the training specified in paragraph (1) of this section, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.      (8)When the employer has reason to believe that any affected employee who has already been trained does not have the understanding and skill required by paragraph (2) of this section, the employer shall retrain each such employee. Circumstances where retraining is required include, but are not limited to, situations where:      (a)Changes in the workplace render previous training obsolete; or      (b)Changes in the types of PPE to be used render previous training obsolete; or      (c)Inadequacies in an affected employee's knowledge or use of assigned PPE indicate that the employee has not retained the requisite understanding or skill.      (9)The employer shall verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.      (10)Paragraphs (d) and (f) of this section apply only to 1910.133, 1910.135, 1910.136, and 1910.138. Paragraphs (d) and (f) of this section do not apply to 1910.134 and 1910.137.      Abatement Note: Non-mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.

Issued

Apr 10, 2015

Abate by

Jun 30, 2015

Penalty

Initial $2,400 · Current $2,160 Reduced

General-duty citation text

29 CFR 1910.146(c)(1): The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces.     (a)Anderson Tank & Trailer Service, Inc., @ 6087 East 52nd. Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not properly assess or evaluate the workplace to determine if any spaces were permit-required confined spaces when employees were required to perform activities such as, but not limited to; tank cleaning; tank inspections; welding; grinding; and other activities inside the cargo tanks. This condition exposed the employees to potential atmospheric hazards, such as, welding fume, and oxygen deficient atmospheres while working inside the compartmented cargo tanks.        Abatement Note:  "Confined space" means a space that:      (1)Is large enough and so configured that an employee can bodily enter and perform assigned work; and      (2)Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry.); and      (3)Is not designed for continuous employee occupancy.      If it is determined that employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with 29 CFR 1910.146(c)(1), (c)(2), (c)(6), and (c)(8).      If it is determined that employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with 29 CFR 1910.146. The written program shall be available for inspection by employees and their authorized representatives.

Issued

Apr 10, 2015

Abate by

Jun 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(c)(2): If the workplace contains permit spaces, the employer shall 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)Anderson Tank & Trailer Service, Inc., @ 6087 East 52nd. Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not ensure that each employee was informed, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit confined spaces when employees were required to perform activities such as, but not limited to: tank cleaning; tank inspections; welding; and grinding operations. This condition exposed the employees to welding fume and oxygen deficient atmospheres while working inside the compartmented cargo tanks.        Abatement Note:  A sign reading "DANGER-PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER" or using other similar language would satisfy the requirement for a sign.

Issued

Apr 10, 2015

Abate by

Jul 7, 2015

Penalty

Initial $2,400 · Current $2,160 Reduced

General-duty citation text

29 CFR 1910.146(c)(7)(iii): The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be made available to each employee entering the space or to that employee's authorized representative.    (a)Anderson Tank & Trailer Service, Inc. @ 6087 East 52nd. Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not ensure that documentation was available to each employee or to the employees authorized representative notifying that all potential hazards and dangers were eliminated prior to entry. Employees were required to perform activities such as, but not limited to: tank cleaning; tank inspections; welding; and grinding operations. This condition exposed the employees to potential health hazards such as, welding fume and oxygen deficient atmospheres while working inside the compartmented cargo tanks.

Issued

Apr 10, 2015

Abate by

Jun 30, 2015

Penalty

Initial $2,400 · Current $2,160 Reduced

General-duty citation text

29 CFR 1910.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146, Permit required confined spaces, acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned.      (a)Anderson Tank & Trailer Service, Inc. @ 6087 East 52nd Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not ensure that each employee who was required to work in confined spaces was provided training and education to acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned. The employees were required to perform activities such as, but not limited to: tank cleaning; tank inspections; welding; and grinding operations within the tanks. This condition exposed the employees to potential presence of unexpected start-up of mechanical equipment, welding fume, and oxygen deficient atmospheres while conducting work activities inside the cargo tanks.

Issued

Apr 10, 2015

Abate by

Jun 30, 2015

Penalty

Initial $2,800 · Current $2,520 Reduced

General-duty citation text

29 CFR 1910.147(c)(1):  The employer did not establish a program consisting of an energy control procedure and employee training to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, start up or release of stored energy could occur and cause injury, the machine or equipment would be isolated, and rendered inoperative in accordance with 29 CFR 1910.147(c)(4):      (a)Anderson Tank & Trailer Service, Inc. @ 6087 East 52nd Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not ensure a program consisting of energy control procedures and employee training was developed to ensure that before any employee performed servicing and/or maintenance on cargo tanks, where the release of stored energy could occur and cause injury, was isolated or rendered inoperative. Employees were required to perform pneumatic and hydrostatic pressure testing to detect leaks on tank piping systems and cargo tank compartments. This condition exposed employees to potential release of stored energy and the violent eruption of air pressure.  On January 14th, 2015, a mechanic pressurized a tank compartment by using compressed air in an attempt to detect leakage in the system.  The mechanic left the tank pressurized and came back and was in the process of removing the testing lid under pressure when the lid blew violently off the compartment, striking the mechanic in the head resulting in a fatality.    Abatement Note:  As part of an energy-control program, employers must:      (1)        Establish energy-control procedures for removing the energy supply from machines and for putting appropriate lockout or tagout devices on the energy-isolating devices to prevent unexpected reenergization.  When appropriate, the procedure also must address stored or potentially reaccumulated energy.      (2)        Train employees on the energy-control program, including the safe application, use, and removal of energy controls; and      (3)        Inspect these procedures periodically (at least annually) to ensure that they are being followed and that they remain effective in preventing employee exposure to hazardous energy.      The energy-control procedures must outline the scope, purpose, authorization, rules, and techniques that employees will use to control hazardous energy sources, as well as the means that will be used to enforce compliance.  These procedures must provide employees at least the following information:      (1)        A statement on how to use the procedures;      (2)        Specific procedural steps to shut down, isolate, block, and secure machines;      (3)        Specific steps designating the safe placement, removal, and transfer of lockout/tagout devices and identifying who has responsibility for the lockout/tagout devices; and      (4)        Specific requirements for testing machines to determine and verify the effectiveness of lockout devices, tagout devices, and other energy-control measures.

Issued

Apr 10, 2015

Abate by

Jun 6, 2015

Penalty

Initial $2,400 · Current $2,160 Reduced

General-duty citation text

29 CFR 1910.178(q)(7): Industrial trucks shall be examined before being placed in service, and shall not be placed in service if the examination shows any condition adversely affecting the safety of the vehicle. Such examination shall be made at least daily. Where industrial trucks are used on a round-the-clock basis, they shall be examined after each shift. Defects when found shall be immediately reported and corrected.    (a)Anderson Tank & Trailer Service, Inc. @ 6087 East 52nd Ave., Commerce City, CO  80022: On and before January 15th, 2015, the employer did not ensure each employee who was allowed to operate the Sit-Down Hyster F8 forklift conducted safety inspection(s) of Powered Industrial Trucks to ensure safe operation of the truck as required under the standard. The operators seat was defective and was in needed of immediate replacement. The seat dismount safety switch was also found to be defective. This condition exposed employees to struck-by hazards from improper forklift operations.

Issued

Apr 10, 2015

Abate by

Jul 6, 2015

Penalty

Initial $1,600 · Current $1,440 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employer had not provided employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area:       (a)Anderson Tank & Trailer Service @ 6807 East 52nd Ave, Commerce City, CO 80022: On and preceding January 15th, 2015, the employer had not provided employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical hazard the employees have not previously been trained about is introduced into their work area.  Employees used chemicals in the workplace and performed welding activities inside of compartmented tanks within the shop. This condition exposed employees to chemical hazards, such as but not limited to, respiratory hazards.