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CORPUS CHRISTI -- The U.S. Department of Labor's Occupational Safety and Health
Administration (OSHA) has cited Jimerson Underground Inc. and L&B Vactor Services LLC
for alleged violations of safety standards following the November deaths of two L&B
Vactor Services workers who suffocated when they entered an oxygen-deficient sanitary
sewer in Edinburg to clean it out.
"These tragic deaths should have been prevented," said Secretary of Labor Elaine L.
Chao. "To ensure that workplace fatalities continue to decline, we must make sure that
employers protect employees from hazards. The significant total penalties of $100,600
send a strong signal that worker health and safety is of the utmost importance to this
Administration."
Jimerson Underground Inc. of Sugarland, Texas, a sanitary sewer installation and
maintenance company and general contractor, was issued one willful and eight serious
citations. Proposed penalties total $78,200.
Several of the alleged violations involve "permit-required confined spaces" or "permit
spaces." A workspace is "confined" when its configuration hinders the activities of
employees who must enter, exit and work in it. For work in a confined space that has
such serious hazards as moving machinery parts or lack of breathable air, safety
standards require a written "permit" that names the hazards and details how to deal with
them.
The willful citation issued to Jamerson Underground was for failing to have a written
permit space entry program; failing to properly isolate, flush or eliminate the toxic
atmosphere while ensuring proper ventilation through pre-entry testing; and failing to
provide rescue equipment. The alleged serious violations included failure to inform the
subcontractor of the presence of permit spaces for which entry could only be made
through compliance with a permit space entry program; failure to prepare an entry space;
failure to provide permit space training to all employees; and failure to inform employees
of all the hazards associated with entry into a permit space.
L&B Vactor Services of Edinburg, Texas, a sewer maintenance company and
subcontractor, was cited for eight serious violations with penalties totaling $22,400. The
alleged serious violations include failing to post danger signs warning against the confined
space hazards, failing to provide personal protective equipment, ventilation, atmospheric
testing and continuous monitoring and failing to train employees on permit space entry.
Willful violations are those committed with an intentional disregard of, or plain indifference
to, the Occupational Safety and Health Act and regulations. A serious violation is one in
which there is a substantial probability that death or serious physical harm could result
from a hazard about which the employer knew or should have known.
OSHA's role is to assure the safety and health of America's workers by setting and
enforcing standards; providing training, outreach, and education; establishing
partnerships; and encouraging continual improvement in workplace safety and health.
Work-related fatalities declined 6.6 percent in 2002, the most recent year for which the
Bureau of Labor Statistics has published data. For more information, visit
www.osha.gov
For More Information On
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