OSHA Inspection: ENVIRONMENTAL REMEDIATION AND RECOVERY, INC.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $3393.00 · Current $2502.00 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): Protective eye equipment was not required where there was a reasonable probability of injury that could be prevented by such equipment:  On or about February 10th, 2020, and in instances prior, employees did not wear protective eye equipment while using pressurized water to clean the exterior of railcar tanks.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $4241.00 · Current $3400.00 Reduced

General-duty citation text

29 CFR 1910.146(c)(4): When the employer decided that its employees would enter permit spaces, the employer did not develop and implement a written permit space entry program that complied with 29 CFR 1910.146:  On or about February 10th, 2020, the employer had not developed and implemented a written permit space entry program that complied with 29 CFR 1910.146 when employees were required to enter confined spaces in railcar tanks.  The written program was deficient for the following elements:  1. The hazards of railcar tank spaces were not identified for commodities such as, but not limited to, molasses, steepwater, and vegetable oil blends;  2.  The means, procedures, and practices necessary for safe permit space entry operations as specified by 29 CFR 1910.146(d)(3) were not developed;  3.  Procedures for maintaining monitoring and ventilation equipment properly were not developed; 4.  Procedures for rescuing entrants from permit spaces via non-entry methods, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue were not developed;  5.  Procedures necessary for concluding a confined space entry, such as closing off the permit space and cancelling the permit, were not developed;  6. Procedures for reviewing entry operations when there is reason to believe the measures taken under the permit space program may not protect employees and revising the program to correct deficiencies when they are found to exist before subsequent entries are authorized were not developed, and;  7.  Procedures for reviewing the permit space program, using cancelled permits retained in accordance with 29 CFR 1910.146(e)(6), were not developed.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $4241.00 · Current $3400.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(2): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not identify and evaluate the hazards of permit spaces before employees entered:  On or about February 10th, 2020, and in instances prior, the employer had not identified the hazards of permit-required confined spaces prior to employees entering them:  1.  The entry permits for railcar GATX 219011, containing Beet Molasses Sugar, did not identify carbon monoxide, oxygen deficiency, or slips & falls as potential hazards of this space on the permits dated February 5th, 6th, 7th, and 10th of 2020.  2.  The entry permits for railcar ADMX 25734, containing Hydrogenated Palm Kernel/Hydrogenated Soybean Oil Blend, did not identify oxygen deficiency, flammability, or slips & falls as potential hazards of this space on the permits dated February 7th and 10th of 2020.   3. The entry permit for railcar GATX 220050, containing Refiners Molasses, did not identify carbon monoxide, oxygen deficiency, or slips & falls as potential hazards of this space on the permit dated February 11th of 2020.   4.  On or about February 10, 2020, and in instances prior, the employer did not evaluate permit space conditions when entry operations were conducted in railcar tanks by testing or monitoring the permit space as necessary.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $4241.00 · Current $3400.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(3)(vi): 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 to verify that conditions in a permit space were acceptable for entry throughout the duration of an authorized entry:  On or about February 10th, 2020, and in instances prior, the employer had not developed or implemented the means, procedures, and practices to verify that conditions in a railcar tanks were acceptable for entry throughout the duration of an authorized entry.  Employees had independently developed procedures amongst themselves for testing and ventilation based on knowledge of the atmospheric hazards associated with different commodities, such as but not limited to, molasses (carbon monoxide) and steepwater (hydrogen sulfide).

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $4241.00 · Current $3400.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(4): The employer did not provide the equipment specified in paragraphs (d)(4)(i)-(d)(4)(ix) of this section at no cost to employees:  On or about February 10th, 2020, the employer did not ensure that the following equipment was provided to all employees, maintained properly, and that all employees used the equipment properly:  1.  (this instance was removed in the formal settlement agreement)   2.  Rescue equipment, such as tripods, hoists, and retractable lifelines were not provided for all railcar tanks while permit-required confined space entries were being conducted in those spaces.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $4241.00 · Current $3400.00 Reduced

General-duty citation text

29 CFR 1910.146(d)(13): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not review entry operation when the employer had reason to believe that the measures taken under the permit space program would not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized:  On or about February 10th, 2020, the employer had not reviewed entry operations for railcar tanks when there was reason to believe that the measures taken under the permit space program would not protect employees from hazards such as, but not limited to, rising carbon monoxide levels during entry operations, hydrogen sulfide gas exposure & mucous membrane irritation, and malfunctioning four-gas meters, and revise the program to correct deficiencies before subsequent entries were authorized.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.146(d)(14): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not review the permit-required confined space program, using the canceled permits retained under 29 CFR 1910.146(e)(6), within one year:  On or about February 10th, 2020, the employer had not reviewed the permit-required confined space program using the cancelled permits retained in accordance with the standard within the previous year.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $4241.00 · Current $3400.00 Reduced

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:  On or about February 10th, 2020, the employer did not ensure that the confined space entry permit contained the authorized duration of the permit entry in the following instances:  1.  The confined space entry permit for railcar GATX 219011, containing Beet Molasses Sugar, did not contain the authorized duration of entry on the 2/7/2020 and 2/10/2020 permits.   2.  The confined space entry permit for railcar ADMX 25734, containing Hydrogenated Palm Kernel/Hydrogenated Soybean Oil Blend, did not contain the authorized duration of entry on the 2/7/2020 and 2/10/2020 permits.    3.  The confined space entry permit for railcar ADMX 26162, containing 80% Min High Oleic Sunflower Oil, did not contain the authorized duration of entry on the 2/7/2020 permit.  4. The confined space entry permit for railcar GATX 220050, containing Refiner's Molasses, did not contain the authorized duration of entry on the 2/11/2020 permit.  5. former citation 1 item 10 becomes an instance   6.  former citation 1 item 11 becomes an instance

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $59372.00 · Current $29686.00 Reduced

General-duty citation text

29 CFR 1910.132(d)(1)(i): The employer did not select and have each affected employee use, the types of personal protective equipment that would protect the affected employee(s) from the hazards identified in the hazard assessment:  On or about February 10th, 2020, and in instances prior, the employer did not select and have each employee use effective personal protective equipment, such as but not limited to personal fall arrest systems, that would protect employees from fall hazards as identified in the employer's hazard assessments. Employees were working  from the top of railcars, approximately 15 feet above ground level without fall protection measures in place, and railcar entrants did not utilize any fall protection or non-entry rescue equipment for emergency rescue.

Issued

2020-08-07 00:00:00

Abate by

2022-09-19 00:00:00

Penalty

Initial $50890.00 · Current $25445.00 Reduced

General-duty citation text

29 CFR 1910.146(k)(3): Whenever an authorized entrant entered a permit space, retrieval systems or methods were not used to facilitate non-entry rescue:  On or about February 10th, 2020, the employer did not ensure that when an authorized entrant entered a permit space, retrieval systems or methods were used to facilitate non-entry rescue in the following instances:  1. Employees entered railcar GATX 219011, containing Beet Molasses Sugar, on 2/7/2020 and 2/10/2020 without a retrieval system or method in place to facilitate non-entry rescue.   2.  Employees entered railcar ADMX 25734, containing Hydrogenated Palm Kernel/Hydrogenated Soybean Oil Blend, on 2/7/2020 and 2/10/2020 without a retrieval system or method in place to facilitate non-entry rescue.   3.  Employees entered railcar ADMX 26162, containing 80% Min High Oleic Sunflower Oil, on 2/7/2020 without a retrieval system or method in place to facilitate non-entry rescue.   4.  Employees entered railcar GATX 220050, containing Refiner's Molasses, on 2/11/2020 without a retrieval system or method in place to facilitate non-entry rescue.