A railroad service company was fined $325,000 and sentenced to two years of corporate probation for committing an OSHA violation resulting in a worker’s asphyxiation death.
The U.S. District Court for the Middle District of Pennsylvania issued the order June 7 to Dana Container, who was doing business as Dana Rail Care at the time of the incident.
Under the terms of probation, Dana is required to make regular, monthly payments to pay off the $325,000.00 fine, and to immediately report any future OSHA citations to the court, according to a Department of Justice news release.
The company pleaded guilty March 15 to one federal criminal charge for willfully violating the OSHA confined space standard.
In March 2019, Dana contracted with another firm to clean crude oil residue from about 100 rail cars in a Pittston, PA rail yard.
On May 31, 2019, a Dana employee entered a rail car to scrape crude oil from the walls of the car and collapsed inside the car about 30 minutes later.
The employee later died on the scene with the cause of death ruled asphyxiation.
Despite being aware of OSHA regulations regarding confined space entry, Dana did not outfit the employee with the proper respirator needed to enter the rail car, which was determined to be oxygen-deficient.
At sentencing, Dana told the court it no longer is in the business of cleaning crude oil from rail cars.
