OSHA Inspection: DANA RAILCARE, A DIVISION OF DANA CONTAINER, INC.

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $13,260 · Current $10,000 Reduced

Hazardous substances 04201371138019902150

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):  a) Coxton Yard, employees entered tank railcars which were permit required confined spaces, and the entry permits were not maintained, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.146(f)(3): The entry permit that documented compliance and authorized entry to a permit space did not identify the date and the authorized duration of the entry permit:  a) Coxton Yard, employees entered tank railcars, which were permit required confined spaces, and the permits did not document the authorized duration of the entries, on or about May 27 through May 31, 2019.  ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.146(f)(10): The entry permit that documented compliance and authorized entry to a permit space did not identify the results of initial and periodic tests performed under 29 CFR 1910.146(d)(5), accompanied by the names or initials of the tester:  a) Coxton Yard, employees entered tank railcars which were permit required confined spaces, and the permits did not identify the results of any periodic tests performed on each specific tank railcar including any during active sludge scraping and removal, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.146(f)(11): The entry permit that documented compliance and authorized entry to a permit space did not identify the rescue and emergency services to be summoned and the means for summoning those services:  a) Coxton Yard, employees entered tank railcars which were permit required confined spaces, and the permits did not identify the local rescue and emergency services to be summoned, on or about May 27 to May31, 2019.  ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $13,260 · Current $6,630 Reduced

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.146(i)(10): The employer did not ensure that each attendant performed no duties that could interfere with the attendant's primary duty to monitor and protect the authorized entrants:  a) Coxton Yard, employees entered tank railcars which were permit required confined spaces, and the attendant was responsible for getting off of the tank railcars to assist with the dumping of the crude oil sludge barrels into the disposal drums, on or about May 27 to May 31, 2019.  ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $13,260 · Current $6,630 Reduced

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.146(k)(2)(iii): The employer did not ensure that at least one member of the rescue team or service held a current certification in First Aid and CPR.   a) Coxton Yard, employees entered tank railcars which were permit required confined spaces, and none of the employees on the site were trained and held current certifications in basic first-aid and cardiopulmonary resuscitation (CPR), on or about May 27 to May 31, 2019.  ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $132,598 · Current $132,598

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.134(d)(1)(ii): The employer did not select and use a NIOSH-certified respirator in compliance with the conditions of its certification:  a) Coxton Yard, employees entered tank railcars that contained an IDLH atmosphere to scrape crude oil sludge, and the respirators were not used in compliance with their NIOSH certification, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.134(d)(2)(i): The employer did not provide either a full facepiece pressure demand SCBA certified by NIOSH for a minimum service life of thirty minutes or a combination full facepiece pressure demand supplied-air respirator with auxiliary self-contained air supply for employee use in IDLH atmospheres:  a) Coxton yard, employees entered rail cars with an IDLH atmosphere to scrape crude oil sludge, and the entrants did not wear either a full facepiece pressure demand SCBA certified by NIOSH for a minimum service life of thirty minutes or a combination full facepiece pressure demand supplied-air respirator with auxiliary self-contained air supply, on or about May 27 to May 31, 2019.     CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $132,598 · Current $132,598

Hazardous substances 04201371138019902150

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 but not limited to, purging, inerting, flushing or ventilating the permit space as necessary to control atmospheric hazards:  a) Coxton Yard, employees entered tank railcars which were permit required confined spaces with IDLH atmospheres to scrape crude oil sludge, and the interiors of the tank railcars were not purged, flushed, or ventilated prior to or throughout the entries, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.146(d)(5)(i): 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 conditions in the permit space to determine if acceptable conditions existed before entry was authorized to begin:  a) Coxton Yard, employees entered tank railcars which were permit required confined spaces that contained IDLH atmospheres, and air monitoring of the interior was not performed prior to entry, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $0 · Current $0

Hazardous substances 04201371138019902150

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 to ensure that acceptable conditions of entry were being maintained during the course of entry operations:  a) Coxton Yard, employees entered tank railcars, which was a permit required confined space that contained an IDLH atmosphere, to scrape crude oil, and air monitoring of the interior was not monitored throughout the duration of the entry, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $113,652 · Current $150,000

Hazardous substances 04201371138019902150

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) Coxton Yard, employees wearing North 5400 series full face respirators entered tank railcars, and medical evaluations were not provided, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED

Issued

Nov 25, 2019

Abate by

Oct 15, 2021

Penalty

Initial $132,598 · Current $0 Reduced

Hazardous substances 04201371138019902150

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator and at least annually thereafter.  a) Coxton Yard, employees wearing North 5400 series full face respirators entered tank railcars which were permit required confined spaces and were not fit tested prior to the initial use of the respirators, on or about May 27 to May 31, 2019.   ABATEMENT CERTIFICATION AND DOCUMENTATION REQUIRED