OSHA Inspection: TRINITY RAIL MAINTENANCE AND SERVICES, INC.

Issued

Feb 9, 2021

Abate by

Feb 22, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  OSH ACT of 1970 Section (5)(a)(1): Section 5(a)(1) of the Occupational Safety and Health Act: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees.   On or about August 12, 2020,   precautions were not taken to control ignition sources, at the cleaning rack, where flammable materials were used to clean tank cars creating a fire and explosion hazard.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that all sources of ignition are controlled or prevented.

Issued

Feb 9, 2021

Abate by

Mar 1, 2021

Penalty

Initial $9,753 · Current $9,753

General-duty citation text

29 CFR 1910.134(f)(2): Employee(s) using a tight-fitting facepiece respirator were not annually fit tested:  On or about August 12, 2020,  employees who use a tight fitting respirator had not received an annual fit test.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees are fit tested on an annual basis.

Issued

Feb 9, 2021

Abate by

Mar 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(6): Qualitative fit tests were performed on negative pressure air-purifying respirators when the required fit factor is greater than 100:(a)   On or about August 12, 2020,  the employer performs qualitative fit tests for negative pressure air-purifying full face elastomeric respirators when the required fit factor is greater than 100.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees are fit tested using quantitative fit testing procedures.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(d)(1)(iii): When the employer was unable to identify or reasonably estimate the employee exposure, the employer did not consider the atmosphere to be IDLH:  On or about August 12, 2020   the employer does not identify and evaluate the respiratory hazards for each commodity received in the workplace.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that  each commodity is evaluated for the respiratory hazards the employees may be exposed to.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR 1910.134(g)(2)(i): When there was a change in the work area, conditions, or degree of employee exposure or stress that may affect respirator effectiveness, the employer did not reevaluate the continued effectiveness of the respirator:  On or about August 12, 2020,  employees performing tank car cleaning inside tank cars are exposed to respiratory hazards. The employer has not reevaluated respirator effectiveness when tank cars previously contained different chemicals/products/commodities.     Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that respirator effectiveness is evaluated when there is a change in employee exposure.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $0 · Current $0

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 August 12, 2020,  employees perform cleaning inside the tank cars when the employer has not evaluated the hazards prior to entry.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to evaluate the hazards (such as oxygen deficient, flammable/combustible and toxic) for tank cars cleaned at the facility.

Issued

Feb 9, 2021

Abate by

Mar 1, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(d)(4)(i):Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that testing and monitoring equipment needed to comply with 29 CFR 1910.146(d)(5) was maintained properly:  On or about August 12, 2020,   the employer did not ensure that atmospheric testing equipment was maintained and verified for accuracy through the use of daily bump testing.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that atmospheric testing equipment is properly maintained and verified for accuracy.

Issued

Feb 9, 2021

Abate by

Mar 1, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(d)(4)(ix):Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not ensure that employees used any other equipment properly which was necessary for safe entry into and rescue from permit space:   On or about August 12, 2020,   the employer failed to ensure the use of non-spark producing tools during the cleaning process inside tank cars which contained flammable / combustible commodities.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that only non-sparking tools are used during the cleaning process.

Issued

Feb 9, 2021

Abate by

Mar 8, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(d)(6):The employer did not provide at least one attendant outside the permit space into which entry was authorized for the duration of entry operations:  On or about August 12, 2020, an employee entered a permit required confined space, tank car # TILX 362012 and was not provided at least one attendant outside the permit space.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure at least one attendant is provided outside the permit space.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(g)(2)(iii):The employer did not provide training to each affected employee whenever there was a change in permit space operations that presented a hazard about which an employee had not previously been trained under 29 CFR 1910.146.   On or about August 12, 2020,   employees did not receive refresher or follow-up training on the hazards of natural gasoline prior to performing chemical cleaning.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees are trained on the hazards of natural gasoline.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(h)(1):The employer did not ensure that all authorized entrants knew the hazards that could be faced during entry, including information on the mode, sign or symptoms, and consequences of the exposure:  On or about August 12, 2020,  employees enter tank cars who have not received training addressing hazards associated with the various contents of each car.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employee are trained on the hazard of each tank car received at the facility for chemical cleaning.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(i)(1):The employer did not ensure that each attendant knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:  On or about August 12, 2020,  employees serving as a permit space attendant does not know the hazards associated with the various contents of each car.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees know the hazard of each tank car received at the facility for chemical cleaning.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(j)(1):The employer did not ensure that each entry supervisor knew the hazards that could be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure:  On or about August 12, 2020,   employees serving as a permit space entry supervisor does not know the hazards associated with the various contents of each car.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees know the hazard of each tank car received at the facility for chemical cleaning.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(j)(2):The employer did not ensure that each entry supervisor verified, by checking that the appropriate entries had been made on the permit, that all tests specified by the permit had been conducted and that all procedures and equipment specified by the permit were in place before endorsing the permit and allowing entry to begin.   On or about August 12, 2020,  the entry supervisor does not ensure the permit is completed and all test is conducted prior to the entry. This condition exposes the employees to hazardous atmosphere(s).  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that each entry supervisor verifies that the entry permit is completed prior to authorizing entry.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR 1910.146(k)(2)(ii):  The employer did not ensure that each member of the rescue team was trained and proficient as an authorized entrant, as provided by paragraphs (g) and (h) of this section:    On or about August 12, 2020,   the employer failed to establish proficiency using the rescue equipment for authorized entrants of the rescue team  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that each member of the rescue team is trained on entering the confined space with the SCBA tank.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(2)(iv):The employer did not ensure that affected employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces:  On or about August 12, 2020,  the employer does not ensure affected employees practice confined space rescue by means of simulated rescue operations, at least every 12 months using dummies, manikins or actual persons.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that employees practice removing dummies, manikins, or actual persons from the actual permit required space.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $13,653 · Current $13,653

General-duty citation text

29 CFR  1910.146(k)(3):Whenever an authorized entrant entered a permit space to perform rescue services, retrieval systems or methods were not used to facilitated non-entry:  On or about August 12, 2020, and at times prior thereto,  the entrant(s) who entered a tank car for rescue did ensure  retrieval systems were used and equipment was adequate to facilitate non-entry.    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that retrieval systems or methods are adequate to facilitate non-entry rescue.

Issued

Feb 9, 2021

Abate by

Mar 1, 2021

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(k)(3)(i):Each authorized entrant did not use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, or above the entrant's head:  On or about August 12,  2020, and at times prior thereto, employees enter the confined space without a full body harness attached to a retrieval line during the duration of the entry.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that each authorized entrant uses a full body harness with retrieval line attached to the harness.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $136,532 · Current $25,859 Reduced

General-duty citation text

29 CFR 1910.146(d)(5)(i): The employer did not test conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized and entry conditions were not continuously monitored in areas where authorized entrants were working:   On or about August 12, 2020, employees who entered tank cars are exposed to hazardous atmosphere(s).    Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that atmospheric testing is performed prior to permit required confined space entry is authorized and continuously monitored in areas where authorized entrants work.

Issued

Feb 9, 2021

Abate by

Mar 29, 2021

Penalty

Initial $136,532 · Current $25,859 Reduced

General-duty citation text

29 CFR 1910.146(e)(1):Before entry was authorized, the employer did not document the completion of measures required by 29 CFR 1910.146(d)(3) by preparing an entry permit:  Instance a) On or about August 10, 2020, the employer exposed employees to the hazard of methanol and corn oil when it did not ensure that a confined space entry permit was completed prior to entry of TILX 193215. TILX 195058, TILX 292040.   Instance b) On or about August 11, 2020, the employer exposed employees to the hazard of natural gasoline and methanol when it did not ensure that a confined space entry permit was completed prior to entry on TILX 362007, TILX 319430  Instance c) On or about August 12, 2020, the employer exposed employees to the hazard of natural gasoline and corn oil when it did not ensure that a confined space entry permit was completed prior to entry for TILX 362012, TILX 292040, TILX 292018.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that confined space entry permits are completed prior to authorizing employee to entry the space.