OSHA Inspection: HARMS OIL COMPANY

Issued

May 26, 2020

Abate by

Jun 30, 2020

Penalty

Initial $6,940 · Current $5,250 Reduced

General-duty citation text

29 CFR 1910.28(b)(1)(i): The employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that was 4 feet (1.2 m) or more above a lower level was protected from falling by one or more of the following: Guardrail systems, safety net systems, or personal fall arrest systems:    (a)Harms Oil Company at 38498 West US Hwy 12, Aberdeen, SD 57401: On or about and at times prior to December 31, 2019, the employer did not ensure employees utilized a fall protection system while accessing fuel tank trailers that were greater than four feet in height within the maintenance shop. Employees were required to access the top of the trailers to perform maintenance and complete DOT inspections without the use of a fall protection system. This condition exposed employees to a fall hazard of approximately 12 feet to the concrete below.

Issued

May 26, 2020

Abate by

Jun 30, 2020

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.30(a)(1): The employer did not provide a training program for each employee who might be exposed to fall hazards:       (a)Harms Oil Company at 38498 West US Hwy 12, Aberdeen, SD 57401: On or about and at times prior to December 31, 2019, the employer did not provide a training program that protected employees when working 4 feet or more above a lower level. Employees were required to climb a mobile stair system to access the top of petroleum tank trailers to conduct maintenance and DOT required inspections. This condition exposed employees to fall hazard of approximately 10 feet to the concrete below.     Abatement Note: Before any employee is exposed to a fall hazard, the employer must provide training for each employee who uses personal fall protection systems or who is required to be trained as specified elsewhere in this subpart.    1. The employer must ensure that each employee is trained by a qualified person.   2. The employer must train each employee in at least the following topics:       a. The nature of the fall hazards in the work area and how to recognize them.      b. The procedures to be followed to minimize those hazards.      c. The correct procedures for installing, inspecting, operating, maintaining, and disassembling the personal fall protection systems that the employee uses.      d. The correct use of personal fall protection systems and equipment specified in paragraph (a)(1) of this section, including, but not limited to, proper hook-up, anchoring, and tie-off techniques, and methods of equipment inspection and storage, as specified by the manufacturer.

Issued

May 26, 2020

Abate by

Jun 30, 2020

Penalty

Initial $5,205 · Current $4,000 Reduced

General-duty citation text

29 CFR 1910.151(c): Suitable facilities for quick flushing where the eyes or body of any person may be exposed to injurious corrosive materials was not provided within the work area for immediate emergency use:     (a)Harms Oil Company at 38498 West US Hwy 12, Aberdeen, SD 57401: On or about and at times prior to December 31, 2019, the employer required employees to use corrosive agents such as Silver Brite, Brite Plus, brake cleaner, and paint remover to complete maintenance activities without an effective eyewash station within the work area for immediate use. This condition exposed maintenance employees to eye damage leading to permanent loss of vision.     Abatement Note:  A feasible means of abatement includes but is not limited to:       (1)       A portable eye wash device, appropriate for the expected hazardous exposure, and containing not less than one gallon of potable water; or       (2)       A plumbed emergency eyewash unit capable of delivering not less than 1.5 liters (0.4 gallons) of clean water per minute, with flow valves that are simple to operate, go "on" in one second or less, and remain "on" during the eyewash procedure.  For details on emergency eyewash and shower equipment, OSHA references the American National Standard for Emergency Eyewash and Shower Equipment, ANSI Z358.1.