Difficult message: When not to rescue a hurt co-worker

February 25, 2009 by Fred Hosier

Posted in: confined spaces, Fatality, In this week's e-newsletter, Latest News & Views, Who Got Fined and Why?

Some employees may not understand at first why you’d tell them not to rescue a co-worker who has collapsed. But this case provides a good reminder of the potential consequences.

An unidentified employee of Precision Industrial Maintenance in Schenectady, NY, was overcome by toxic fumes in a tank truck at the company’s headquarters. A second employee tried to help the first man but was also overcome, according to the Daily Gazette.

Firefighters pulled the two unconscious men from the tank. The first man died. The second survived, but spent time in a hospital intensive care unit.

So the message has to be sent to workers: If you don’t have the proper protective equipment to enter a confined space that may contain toxic fumes, don’t go in, even if you find a co-worker collapsed inside. You may become a victim yourself in the process of trying to save someone else.

In this case, OSHA has now fined Precision $56,000 for various violations, including one willful citation, with a $35,000 proposed fine, for not providing employees with confined space rescue training at least once every 12 months.

Five serious citations were issued for Precision’s failure to:

test conditions in confined spaces before entry
complete required entry permits
provide confined space training to employees
evaluate rescue services for employees entering confined spaces, and
provide confined space warnings signs.

OSHA’s statement about its fines against Precision is available here.

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Tags: confined spaces, rescue, toxic fumes

Robert

It doesn’t matter if there is a regulation that says training is required every 12 months.

OSHA has a clause that says they can fine a company for anything they consider to be an unsafe practice.

OSHA is covered by a catch all. Same applies to a policeman pulling you over for a traffic violation. The traffic might be going 85 mph and you’re driving the speed limit of 65 mph. They can still give you the ticket because the consider you to be the unsafe entity on the road for not going with the flow of traffic.
Brian

Bob,

You cited 1910.146(d)(9) pertaining to confined space rescue. If you use the local fire dept. instead of training your own responders, be sure to obtain a letter from the fire dept. stating that they are willing and able to provide the service.

If significant changes in the confined spaces at your site took place, you must retrain AND DOCUMENT IT!

Brian Waters
Robert Nies

Fred,

Thanks for the quick response. I was browsing the net an located 1910.146 (d) (9).

(1910.146(d)(9)
Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;)

Even with this information the 12 month period still seem suspect. If you hear any more on the topic from others I would welcome the information.

Bob
http://www.safetynewsalert.com Fred Hosier

Editor’s reply to Robert Nies:

You are correct that OSHA doesn’t list a 12-month requirement. 1910.146(g) is as follows:

1910.146(g)

Training.

1910.146(g)(1)

The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under this section.

1910.146(g)(2)

Training shall be provided to each affected employee:

1910.146(g)(2)(i)

Before the employee is first assigned duties under this section;

1910.146(g)(2)(ii)

Before there is a change in assigned duties;

1910.146(g)(2)(iii)

Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained;

1910.146(g)(2)(iv)

Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (d)(3) of this section or that there are inadequacies in the employee’s knowledge or use of these procedures.

1910.146(g)(3)

The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section.

1910.146(g)(4)

The employer shall certify that the training required by paragraphs (g)(1) through (g)(3) of this section has been accomplished. The certification shall contain each employee’s name, the signatures or initials of the trainers, and the dates of training. The certification shall be available for inspection by employees and their authorized representatives.

OSHA’s statement on the citation does mention:

“OSHA has issued the company one willful citation, with a $35,000 proposed fine, for not providing employees with confined space rescue training at least every 12 months.”

Elsewhere in OSHA’s confined space standard:

1910.146(d)(14)

Review the permit space program, using the canceled permits retained under paragraph (e)(6) of this section within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards.

NOTE: Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary.

Appendix C to section 1910.146 presents examples of permit space programs that are considered to comply with the requirements of paragraph (d) of this section.

I wonder if OSHA determined that, according to the above section of its confined space standard, that enough changes had taken place to require Precision to retrain its employees.
Of course, as is always the case, the company has 15 days to contest something in the citations. Perhaps this issue will come up.
Robert Nies

In the article on confined spaces “When not to rescue a hurt co-worker” it states that the company was fined for a willful citation for not providing confined space training every 12 months. I don’t believe that section 1910.146 (g) of the OSHA regs states that this is a requirement. Can you provide further details on this? Was it a specific state-regulated program?