OSHA Inspection: MAGUIRE IRON INC

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $14,895 · Current $9,682 Reduced

General-duty citation text

29 CFR  1910.146(c)(1):The employer did not evaluate the workplace to determine if any spaces were permit-required confined spaces:  On or about July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, the employer did not ensure that the work location was evaluated for permit-required confined spaces.  The potential existed for the space to contain a hazardous atmosphere, which included a potential for oxygen deficiency and also a respiratory irritant caused by cleaning solutions such as Drytec Calcium Hypochlorite Granular, which is identified as an oxidizer and corrosive.  The space contained an entrapment hazard due to the internal configuration of the bottom of the water tower containing unprotected inward converging walls and a engulfment hazard from a 3 feet wide unguarded hole at the bottom of the water tank, which was the exit path for the water that had a depth of approximately 30-50 feet below.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(d)(5)(i): The employer did not evaluate permit space conditions when entry operations were conducted by testing conditions in the permit space to determine if acceptable entry conditions existed before entry was authorized to begin:  On or about July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, employees were exposed to entrapment hazards when employees entered a water tower with unprotected inwardly converging walls to conduct cleaning and maintenance activities.  The potential existed for the space to contain a hazardous atmosphere, which included a potential for oxygen deficiency and also a respiratory irritant caused by cleaning solutions such as Drytec Calcium Hypochlorite Granular, which is identified as an oxidizer and corrosive.  The space contained an entrapment hazard due to the internal configuration of the bottom of the water tower containing unprotected inward converging walls and a engulfment hazard from a 3 feet wide unguarded hole at the bottom of the water tank, which was the exit path for the water that had a depth of approximately 30-50 feet below.  The employer did not ensure that the space was evaluated or otherwise test conditions prior to permitting entry, to determine if conditions were safe to enter and conduct work.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $0 · Current $0

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 July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, employees working in a water tower were exposed to engulfment and entrapment hazards from unprotected inwardly converging walls when the employer chose to designate local emergency services at the time of the incident. The employer did not evaluate or coordinate with the local responders ability to respond to the event in a timely and effective manner.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $14,895 · Current $9,682 Reduced

General-duty citation text

29 CFR  1910.146(d)(1):Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not implement the measures necessary to prevent unauthorized entry:  On or about July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, employees were exposed to engulfment and entrapment hazards when employees entered a water tower with unprotected inwardly converging walls to conduct cleaning and maintenance activities in a permit-required confined space. A process was not in place to prevent unauthorized entry into the permit-required confined space.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $0 · Current $0

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, did not maintain that equipment properly, and/or did not ensure that employees used that equipment properly:   On or about July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, the employer did not provide employees with necessary equipment prior to permit-required confined space entry.  Employees were exposed to entrapment hazards when employees entered a water tower with unprotected inwardly converging walls to conduct cleaning and maintenance activities.  1. Employees were not provided with atmospheric monitoring and testing equipment;  2. Employees were not provided with ventilating equipment needed to obtain acceptable entry conditions; and 3. Employees were not provided with rescue and emergency equipment, and the knowledge to use the equipment.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(8): Under the permit-required confined space program required by 29 CFR 1910.146(c)(4), the employer did not designate the persons who were to have active roles in entry operations, identify the duties of each such employee:  On or about July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, employees were exposed to engulfment and entrapment hazards when employees entered a water tower with unprotected inwardly converging walls to conduct cleaning and maintenance activities in a permit-required confined space. The employer did not ensure that persons were designated to have active roles prior to entering a permit-required confined space. Active roles not assigned include attendant, entry supervisor, authorized entrant.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(d)(10): The employer did not develop and implement a system for the preparation, issuance, use, and cancellation of entry permits as required by this section.  On or about July 16, 2025, at 710 N Kennedy Ave. Ellinwood, Kansas, the employer did not ensure that a permit-required confined space entry permits were implemented for employees who perform water tower maintenance services. The work activity requires employees to work inside permit-required confined spaces which contain entrapment hazards from unprotected inwardly converging walls to conduct cleaning and maintenance activities.

Issued

Dec 29, 2025

Abate by

Jan 26, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.146(i)(4):The employer did not ensure that each attendant remained outside the permit space during entry operations until relieved by another attendant:  On or about July 16, 2025, at 710 N Kennedy Ave, Ellinwood, Kansas, employees exposed to entrapment hazards when employees entered a water tower with unprotected inwardly converging walls to conduct cleaning and maintenance activities. Employee(s) assigned to attendant duties entered the permit space to conduct rescue operations before additional resources arrived.