OSHA Inspection: TITAN RAILCAR SERVICES, LLC; RAILCAR MANAGEMENT SERVICES, LLC; STEVEN BRAITHWAITE

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $7243.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.106(e)(2)(ii): Flammable liquids were not stored in tanks or closed containers:  The employer is failing to protect employees from fire hazards associated with open flammable storage containers.  This was most recently documented on January 23, 2017 at 280 Pierce Street, Omaha, NE 68108.  Portable containers located in a conex box used to store gasoline and diesel fuel did not have lids to ensure they remained closed to prevent the product from spilling and the release of flammable vapors.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $12675.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:  The employer is failing to protect employees from inhalation of hazardous vapors produced by ethyl alcohol denatured with natural gasoline and sweet crude oil when employees are assigned to wear respirators while entering rail tank cars of unknown levels of chemical contaminants.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017.  The employer had not performed personal air sampling or other quantitative studies to evaluate employee exposure to ensure that appropriate respiratory protection had been selected for use when entering rail tank cars.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $12675.00 · Current $0.00 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:  The employer is failing to protect employees from fire/explosion hazards created by hazardous vapors produced by ethyl alcohol denatured with natural gasoline, and sweet crude oil while employees are cleaning inside rail tank cars.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017. The atmospheric conditions inside the railcars are not monitored continuously throughout confined space entries for the duration when employees are inside, and there is a likelihood that the percent of lower explosive limit can rapidly elevate above the maximum allowed ten percent within the 15 minute interval that the employer has elected to sample inside the railcars.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $12675.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.146(e)(6): The employer did not retain each canceled entry permit for at least one year to facilitate the review of the permit-required confined space program required by 29 CFR 1910.146(d)(14), and note any problems encountered during an entry operation on the pertinent permit so that appropriate revisions to the permit space program could be made:  The employer is failing to protect employees from fire/explosion hazards created by hazardous vapors produced by ethyl alcohol denatured with natural gasoline, and sweet crude oil while employees are cleaning inside rail tank cars.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017. The employer is not maintaining canceled confined space entry permits and reviewing them to ensure that the program is being properly implemented.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $9054.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.151(b): There was neither an infirmary, clinic, or hospital used for the treatment of all injured employees in near proximity to the workplace nor a person or persons adequately trained to render first aid:  The employer is failing to provide the means for prompt medical treatment in the event of a serious employee injury.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017 while employees were cleaning railcars containing hazardous chemicals that are highly flammable, including but not limited to ethyl alcohol denatured with natural gasoline and sweet crude oil.  Employees are not adequately trained to render first aid where the workplace is located more than three to four minutes from emergency responders, a hospital or urgent care clinic equipped to treat serious injuries.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $9054.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.1020(d)(1)(ii): Each employee exposure record was not preserved and maintained for at least thirty years:  The employer is failing to maintain employee records of exposure to hydrogen sulfide and carbon monoxide.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017 while employees cleaned railcars containing hazardous chemicals including but not limited to sweet crude oil.  The exposure data for hydrogen sulfide and carbon monoxide levels for employees who wear personal monitors is not preserved and maintained by the employer.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $5432.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.1200(f)(6): The employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the identity of the hazardous chemical(s) contained therein:  The employer is failing to protect employees from health and fire hazards associated with the misidentification of hazardous chemicals.  This was most recently documented on January 23, 2017 at 280 Pierce Street, Omaha, NE 68108.  A pump sprayer containing diesel that is stored inside the conex box does not have a label identifying the product and the associated hazards.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $9054.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:  The employer is failing to protect employees from health and fire hazards associated with the use and handling of chemicals including but not limited to diesel fuel, gasoline, ethanol denatured with natural gasoline, and crude oil.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017 while employees cleaned railcars containing ethanol and crude oil, and handled gasoline and diesel to fuel equipment. The employees have not been provided training on the employers written hazard communication program including safe use and handling of these chemicals.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $126749.00 · Current $0.00 Reduced

General-duty citation text

29 CFR 1910.146(j)(4): The employer did not ensure that each entry supervisor verified that rescue services were available and that the means for summoning them were operable:   The employer is failing to protect employees entering rail tank cars from confined space hazards including IDLH atmospheric hazards such as but not limited to environments above 10% of the LEL, oxygen deficiency, accumulation of hydrogen sulfide, and accumulation of carbon monoxide.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017 while employees cleaned railcars containing hazardous chemicals including but not limited to ethanol denatured with natural gasoline and sweet crude oil.  The entry supervisor is not verifying that rescue services are available before each entry into rail tank cars to respond and perform a rescue.

Issued

2017-06-28 00:00:00

Abate by

2017-07-20 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

1910.146(k)(1)(i): The employer who designated rescue and emergency services, pursuant to paragraph (d)(9) of this section, did not evaluate a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazards identified:  The employer is failing to protect employees entering rail tank cars from confined space hazards including IDLH atmospheric hazards such as but not limited to environments above 10% of the LEL, oxygen deficiency, accumulation of hydrogen sulfide, and accumulation of carbon monoxide.  This was most recently documented in the workplace located at and around 280 Pierce Street, Omaha, NE 68108 on or about January 23rd, 2017 through March 16th, 2017 while employees cleaned railcars containing hazardous chemicals including but not limited to ethanol denatured with natural gasoline and sweet crude oil.  An evaluation was not performed by the employer to ensure that the rescue team selected has the capability to reach a victim trapped inside of rail tank cars within an appropriate amount of time for a viable rescue.