As he had many other days, the morning shift welder arrived at 5 a.m. to work on Aug. 28, 2023. Tasked with doing some fabrication work in a 4-foot by 8-foot space in a ship’s hull, the employee began work unaware that fatal suffocation would soon end his life.
Less than two hours after entering the ship, a supervisor found the unconscious welder and signaled for help, only to fall unconscious as well.
A third employee appeared, alerting EMS and the local Fire Department, who soon transported all three workers to a nearby hospital.
Despite emergency treatment, the welder died from a lack of oxygen. The supervisor and the third worker received medical treatment and were released.
OSHA CSHOs determined the employer exposed workers to oxygen deficiency by sending the welder into a confined space without testing the air for oxygen content. The presence of welding gas in the space created an oxygen-deficient atmosphere.
OSHA investigators found that in addition to a lack of oxygen, the shipbuilder also exposed workers to struck-by and crushing hazards by failing to conduct annual inspections of six cranes. The agency cited the company with four serious violations and has proposed $55,539 in penalties, an amount set by federal statute.
The company has contested the findings before the independent Occupational Safety and Health Review Commission.
Citations are below...
Citation 1 Item 1
Type of Violation: Serious; $10,372
29 CFR 1910.179(j)(1)(ii)(b): A complete periodic inspection of crane(s) had not been conducted in the past 12 months:
a. On or about August 28, 2023, the employer did not conduct annual inspections for the center crane (C5495B), exposing employees to struck-by and crushing hazards.
b. On or about August 28, 2023, the employer did not conduct annual inspections for the west crane (C5495A), exposing employees to struck-by and crushing hazards.
c. On or about August 28, 2023, the employer did not conduct annual inspections for the east crane (C11160), exposing employees to struck-by and crushing hazards.
d. On or about August 28, 2023, the employer did not conduct annual inspections for the overhead gantry crane (C11681), exposing employees to struck-by and crushing hazards.
e. On or about August 28, 2023, the employer did not conduct annual inspections for the gantry crane (210007), exposing employees to struck-by and crushing hazards.
f. On or about August 28, 2023, the employer did not conduct annual inspections for the overhead crane (C8767), exposing employees to struck-by and crushing hazards.
Citation 1 Item 2
Type of Violation: Serious; $14,518
29 CFR 1910.252(b)(4)(ii): The employer did not ensure ventilation is a prerequisite prior to welding work in confined spaces in accordance with requirements of paragraph (c) of this section:
a. On August 28, 2023, in the confined space bow compartment on hull #169, employees were exposed to an oxygen-deficient atmosphere in that the employees entered a confined space without ventilation where current and previous welding operations had released oxygen displacing Argon gas into the confined space.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 3a
Type of Violation: Serious; $14,518
29 CFR 1915.12(a)(1): The employer did not ensure that sealed and non-ventilated spaces were visually inspected and tested by a competent person to determine the atmosphere's oxygen content prior to initial entry into the space by an employee:
a. On or about August 28, 2023, in a confined space bow compartment on hull #169, employees were exposed to an asphyxiation hazard from an oxygen-deficient atmosphere in that the employer did not conduct Competent Person testing prior to entry where previous welding operations had released oxygen-displacing Argon gas into the confined space from welding operations above and inside of the confined space.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1915.15(e): After a competent person conducted a visual inspection and tests and determined a space to be safe for an employee to enter, he or she did not continue to test and visually inspect spaces as often as necessary to ensure that the required atmospheric conditions within the tested space were maintained.
A. On August 28, 2023, in the confined space bow compartment on hull #169, located inside bay #7, the employer exposed employees to an asphyxiation hazard from an oxygen-deficient atmosphere in that the employer did not continue to test and visually inspect while welding operations released oxygen-displacing Argon gas into the confined space.
Citation 1 Item 4
Type of Violation: Serious; $16,131
29 CFR 1915.12(a)(3): The employer allowed employees to enter a space where the oxygen content, by volume, was below 19.5 percent or above 22.0 percent:
a. On or about August 28, 2023, in the confined space bow compartment on hull #169, the employer exposed employees entering the confined space to a hypoxic asphyxiation hazard from a 15.5 percent oxygen deficient atmosphere, in that no Competent Person testing had been performed, and no continuous oxygen content monitoring and respiratory protection was provided for short durations for installation of ventilation equipment.
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