Search

Railcar Servicer Fined $550K After Worker Fatality

Posted on 1/6/2020 by Lauren Scott

On December 4, OSHA fined a railcar company $551,226 due to confined space safety violations that led to the death of an employee in Pittston, Pennsylvania.

The employee was performing maintenance on a railcar containing crude oil sludge in May 2019 when he asphyxiated. As a result, OSHA cited the company for four willful and three serious violations for failing to protect employees from the hazards of entering permit-required confined spaces and inadequate respiratory protection procedures.

OSHA also placed the company in its Severe Violator Enforcement Program, reserved for employers who demonstrate indifference to their OSH Act obligations by “willful, repeated, or failure-to-abate violations.”

What is OSHA's Severe Violator Enforcement Program? 

To be considered for the Severe Violator Enforcement Program, an inspection must meet one or more of the following criteria:
  1. A fatality/catastrophe inspection in which OSHA finds one or more willful or repeated violations or failure-to-abate notices based on a serious violation related to a death of an employee or three or more hospitalizations.

  2. An inspection in which OSHA finds two or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to a High-Emphasis Hazard. (High-Emphasis Hazards refers to only certain high-gravity serious violations of specific standards covered under falls or the National Emphasis Programs regardless of the type of inspection being conducted).

  3. An inspection in which OSHA finds three or more willful or repeated violations or failure-to-abate notices (or any combination of these violations/notices), based on high gravity serious violations related to hazards due to the potential release of a highly hazardous chemical, as defined in the PSM standard.

  4. Any egregious enforcement action (per-instance citation).
The railcar servicer was given 15 business days to comply or contest the findings before the Occupational Safety and Health Review Commission.

Online Now: Confined Space Awareness Training

Lion offers Confined Spaces Entry Awareness online training for employees who work around hazardous confined spaces and need to know the risks associated with unauthorized entry in these spaces. Training is completed online, at your own pace. With the ability to start, pause, and complete the course from any computer or mobile device, this OSHA training course gives you the flexibility to train how you want and when you need to.
 

Tags: confined space, confined space hazard, employee safety, enforcement, fines, osha, Rail, rail car, railcar, railroad, safety, work hazard, worker safety, workplace safety

Find a Post

Compliance Archives

Lion - Quotes

The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked.

Johnny Barton

Logistics Coordinator

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers.

Robert Brenner

District Environmental Manager

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

I have been to other training companies, but Lion’s material is much better and easier to understand.

Mark Abell

Regional Manager

Download Our Latest Whitepaper

Tips to identify and manage universal waste under more-stringent state regulations for generators and universal waste handlers in California.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.