OSHA Inspection: BILFINGER WESTCON, INC.

Issued

2016-11-01 00:00:00

Abate by

2017-03-31 00:00:00

Penalty

Initial $12471.00 · Current $12471.00

General-duty citation text

29 CFR 1910.1200(h)(1): Employers shall provide 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. Information and training may be designed to cover categories of hazards (e.g., flammability, carcinogenicity) or specific chemicals. Chemical-specific information must always be available through labels and safety data sheets.     (a)Bilfinger Westcon, Inc. @ 29619 Spur Ave., Hudson, SD 57034:  On and prior to May 6, 2016, the exposing employer did not provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, as the employer was unaware of the contents or hazard in the black pipe that was labeled "N.C. Gases" in green/white lettering on the pipe.  The exposing employer also did not provide employees with effective information and training whenever a new physical or health hazard the employees have not previously been trained about is introduced into their work area; however, the employer was unaware of any new contents or hazard in the black pipe that was labeled "N.C. Gases"  in green/white lettering on the pipe for that work area.        Abatement Note:  The requirements applicable to construction work under 29 CFR 1926.56 are identical to those set forth at 29 CFR 1910.1200 of this chapter.      Abatement Note:         (a)       Employees shall be informed of:        (1)       Any operation in their work area where hazardous chemicals are present; and,         (2)       The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and material safety data sheets required by this section.         (b)       Employee training shall include at least:         (1)       Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.);         (2)       The physical and health hazards of the chemicals in the work area;         (3)       The measures employees can take to protect themselves from these hazards, including specific procedures the employer has implemented to protect employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;         (4)       The details of the hazardous communication program developed by the employer, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information.

Issued

2016-11-01 00:00:00

Abate by

2017-03-31 00:00:00

Penalty

Initial $12471.00 · Current $12471.00

General-duty citation text

29 CFR 1926.95(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)Bilfinger Westcon, Inc. @ 29619 Spur Ave., Hudson, SD 57034:  On and prior to May 6, 2016, the exposing employer failed to ensure that employees were wearing Personal Protective Equipment (PPE) such as flame-retardant treated clothing (FRC) that could have had the potential to lessen burn related injuries from ignition.  Two pipefitters engaged in a line break and removal of a carbon steel four-inch black pipe labeled "N.C. Gases" in green/white lettering connected to the top of the rectifier (T402), which pipe the employer was unaware contained a hazard of highly flammable ethyl-alcohol, were not wearing flame resistant clothing.  On May 6, 2016, a pipefitter involved in the removal of a black pipe labeled "N.C. Gases" in green/white lettering was severely burned and later died from injuries received following an ignition that occurred after the contents spilled out and traveled down through grated flooring to the fourth floor, where the material ignited as a result of welding work being conducted.      Abatement Note: Abatement Note:  Abatement certification and documentation are required for this item (see enclosed "Certification of Corrective Action Worksheet").

Issued

2016-11-01 00:00:00

Abate by

2017-03-31 00:00:00

Penalty

Initial $12471.00 · Current $6000.00 Reduced

General-duty citation text

29 CFR 1926.64(h)(3)(ii): The contract employer shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his/her job and the process, and the applicable provisions of the emergency action plan:    (a)Bilfinger Westcon, Inc. @ 29619 Spur Ave., Hudson, SD 57034: On and prior to May 6, 2016, the contract employer did not prepare the appropriate paperwork to document training that employees were instructed in the applicable provisions of the emergency action plan.

Issued

2016-11-01 00:00:00

Abate by

2017-03-31 00:00:00

Penalty

Initial $12471.00 · Current $12471.00

General-duty citation text

29 CFR 1926.64(h)(3)(iii): The contract employer shall document that each contract employee has received and understood the training required by this paragraph. The contract employer shall prepare a record which contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training:    (a)Bilfinger Westcon, Inc. @ 29619 Spur Ave., Hudson, SD 57034: On and prior to May 6, 2016, the contract employer did not prepare the appropriate paperwork to document training regarding line breaking permit procedures, hot work permit procedures and ignition sources.  On May 6, 2016, a pipefitter involved in the removal of a black pipe labeled "N.C. Gases" in green/white lettering, which the employer was unaware contained any contents or hazards, was severely burned and later died from injuries received following an ignition that occurred after the unknown contents of the line he was working on spilled out and traveled down through the grated flooring to the fourth floor, where the material ignited as a result of welding work being conducted.