General Industry vs. Construction on Permit-Required Confined Space Citations (OSHRC)
The company specializes in the cleaning of gasoline and gasoline tanks for gasoline retailers. On December 30 and 31, 2014, OSHA’s Compliance Officer (CSHO) conducted an inspection following a fatal accident at that worksite. An employee died after being found unresponsive at the bottom of a well containing a submersible turbine pump (STP) at a retail store under construction. Based upon the CSHO’s inspection, the Secretary of Labor, on May 14, 2015, issued a Citation and Notification of Penalty with three items (with subparts) alleging serious violations of 29 C.F.R. § 1910.23(a)(6) for failure to guard an open manhole; various subparts of § 1910.134 for deficiencies in its respirator program; and various subparts of § 1910.146 for failure to protect its employees from hazards associated with confined spaces. The Secretary proposed a total penalty of $13,600.00 for the Citation. Company timely contested the Citation. All of the violations are at issue. |
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