The US Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited five contractors for safety and health violations, after three employees were killed and two others critically injured on an explosion onboard a towboat in Calvert City, Kentucky. The five companies collectively received 55 of violations with proposed penalties totaling $795,254.
Namely, the Administration cited ship repair yard First Marine LLC; insulation contractor Thermal Control and Fabrication Inc.; temporary staffing companies Hutco Inc. and Day Help LLC (doing business as Wise Staffing Group); and blasting and painting contractor Joe Rupcke. First Marine LLC has been placed in the agency’s Severe Violator Enforcement Program.
Enforcement actions for severe violator cases include mandatory follow-up inspections, increased company/corporate awareness of OSHA enforcement, corporate-wide agreements, where appropriate, enhanced settlement provisions, and federal court enforcement under Section 11(b) of the OSH Act. In addition, this Instruction provides for nationwide referral procedures, which includes OSHA’s State Plan States.
OSHA’s investigation determined that the explosion occurred when employees were cutting and welding in an atmosphere containing flammable gases. OSHA issued citations for:
- failing to test confined spaces before entry;
- failing to train workers on confined space entry operations;
- failing to label chemical containers;
- exposing employees to asphyxiation, fire, explosion, chemical, trip, and drowning hazards; and
- allowing hot work/welding to be performed without testing for an explosive atmosphere.
This tragedy could have been prevented if the employers had followed proper confined space procedures and implemented appropriate safety measures,
…notes OSHA Regional Administrator Kurt A. Petermeyer.
The companies have 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance.
