OSHA Inspection: BEARDSTOWN TRUCK WASH LLC

Issued

Mar 11, 2025

Penalty

Initial $4,729 · Current $2,900 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 is 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 protection systems, such as personal fall arrest, travel restraint, or positioning systems.  On or about October 13, 2024, Employees were accessing the top of the tankers were exposed to a fall hazard of approximately 11ft. 6in. because employees were not protected from falling.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $3,783 · Current $2,300 Reduced

General-duty citation text

29 CFR 1910.133(a)(1): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation:  On or about October 13, 2025, Employees cleaning and sanitizing the tankers were exposure to eye injuries when power washing because the employer did not ensure the use of eye protection or face protection.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $6,620 · Current $4,000 Reduced

General-duty citation text

29 CFR  1910.146(c)(5)(ii)(C):Before an employee entered the space, the internal atmosphere was not tested with a calibrated direct-reading instrument for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order.  On or about October 13, 2024, Employees were exposed to atmospheric hazards when cleaning and sanitizing tankers, and the employer did not required employees to conduct an internal atmospheric testing prior to entering the space.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(c)(5)(ii)(H): Employees entered into permit spaces that met the conditions set forth in 29 CFR 1910.146(c)(5)(i), but a written certification was not made before entry that the measures required by 29 CFR 1910.146(c)(5)(ii) had been taken.  On or about October 13, 2024, the employer shall verify that the space is safe for entry through written certification that contains the date, location of the space, and the signature of the person providing the certification.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $6,620 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(c)(5)(ii)(E):Continuous forced air ventilation shall be used, as follows:  (1)  An employee may not enter the space until the forced air ventilation has eliminated any hazardous atmosphere; (2)  The forced air ventilation shall be so directed as to ventilate the immediate areas where an employee is or will be present within the space and shall continue until all employees have left the space; (3)  The air supply for the forced air ventilation shall be from a clean source and may not increase the hazards in the space.  On or about October 13, 2024, Employees were exposed to atmospheric hazards when cleaning and sanitizing tankers, and the employer did not used continuous forced air as required by 29 CFR 1910.146(c)(5)(ii)(E)(1)-(3).

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $6,620 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(d)(3): 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 space entry operations, including, but not limited to items (3)(i) through (3)(vi) of this paragraph:  On or about October 13, 2024, Employees working in permit confined spaces, were exposed to atmospheric hazards when cleaning and sanitizing tankers, and the employer did not effectively develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including but not limited to:  (i)	Specifying acceptable entry conditions;  (ii)	Providing each authorized entrant or that employees's authorized representative with the opportunity to observed any monitoring or testing of permit spaces;  (iii)	Isolating the permit space;  (iv)	Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;  (v)	Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and  (vi)	Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $6,620 · Current $0 Reduced

General-duty citation text

29 CFR  1910.146(k)(1):An employer who designates rescue and emergency services, pursuant to paragraph (d)(9)of this section shall evaluate the prospective rescuer's ability by the criteria set in this section, (k)(1)(i) - (k)(1)(v).  On or about October 13, 2024, an employee was exposed to atmospheric hazards and the employer designated rescue and emergency services and did not:  (i)	Evaluate a prospective rescuer's ability to response in a timely manner,  (ii)	Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the particular permit space or types of permit spaces identified; (iii)	Select a rescue team or service from those evaluated that: a.	Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified b.	equipped for and proficient in performing the needed rescue services (iv)	Inform each rescue team or service of the hazards they may confront when called on to perform rescue at the site; and (v)	Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $4,729 · Current $2,800 Reduced

General-duty citation text

29 CFR 1910.178(l)(1)(i): The employer did not ensure that each powered industrial truck operator is competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (l):  On or about October 22, 2024, Employees operating forklifts exposed other employees to being struck by, because the employer did not ensure each operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in paragraph (l).

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $3,783 · Current $2,800 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met:  On or about October 13, 2024, Employees cleaning and sanitizing tankers were exposed to hazardous chemicals and the employer did not implement, and maintain a written hazard communication program with at least a description of how the criteria for the following requirements would be met by the company:  a) use of labels and other forms of warning, b) access to safety data sheets, c) provision of hazardous chemical information and training to employees, d) maintenance of an updated list of hazardous chemicals present at the facility,  e) methods the employer will use to inform employees of the hazards of non-routine tasks and hazards associated with chemicals contained in unlabeled pipes in their work areas. f) methods the employer will use to inform other employers on-site on their precautionary measures to protect employees during normal operating conditions and in foreseeable emergencies, the labeling system used in the workplace and to provide other employers on-site access to safety data sheets.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $0 · Current $0

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:  On or about October 13, 2024, Employees cleaning and sanitizing tankers were exposed to hazardous chemicals and the employer did not provide the employees with any hazard communication training.  This training would include the following:   Information: a.	The requirements of this section, b.	Any operations in their work area where hazardous chemicals were present, and c.	The location and availability of the written hazard communication program, including the required list(s) of hazardous chemicals, and safety data sheets. Training: a.	Methods and observations that may be used to detect the presence or release of a hazardous chemical in their work area, b.	The physical and health hazards of the chemicals in their work area, c.	The measures employees can take to protect themselves from these hazards,  d.	The details of the hazard communication program developed by the employer, and  e.	The pictogram labeling requirements in accordance with the standard.

Issued

Mar 11, 2025

Abate by

May 1, 2025

Penalty

Initial $946 · Current $500 Reduced

General-duty citation text

29 CFR 1904.29(a): The employer did not use an OSHA 300, 301 and 300A Form or equivalent.  On or about October 22, 2024, The employer did not maintain a summary record logs for injuries and illnesses that was equivalent to the OSHA Form 300, 301, and/or 300A for the year 2024, 2023, and 2022.

Issued

Mar 11, 2025

Penalty

Initial $4,729 · Current $2,700 Reduced

General-duty citation text

29 CFR 1904.39(a)(2): The employer did not report within 24-hours a work-related incident resulting in in-patient hospitalization, amputation or the loss of an eye.  On or about October 13, 2024, the employer did not report an employee hospitalization within 24-hours, of a work related incident that resulted in an in-patient hospitalization.