EXECUTIVE SUMMARY
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of J. L. Manta – Decision After Reconsideration

Employer cleans and services crude oil holding tanks and other oil refinery equipment and facilities. Employees were working inside a tank wearing supplied air respirators. The Division cited Employer under section 5144(i)(5)(D) for failing to have a tag indicating when and by whom the compressor’s sorbent beds and filters had last been changed. Employer's argument that the inspector should have known that the tag might be inside the compressor housing was rejected since a person without training and experience in the operation of an air compressor should not open a door and reach inside its housing while it is running. Employer was also cited under section 5144(m)(2)(A) for failing to establish respirator fit-test records that identified the specific make, model, style, and size of the respirators tested. Further, Employer violated section 5194(f)(4), which requires a hazardous substance label, tag, or marking on a tub used by employees to remove crude oil from their personal protective garments and equipment. The Board ruled that the tub was not properly labeled, tagged or marked at the time of the inspection. The inspection showed that the warning label was inadequate since sludge obscured the stencil or label on both sides of the tub. The violations were upheld by the Board.

J.L. Manta, 00-2297 (MS Word)
J.L. Manta, 00-2297 (Adobe Acrobat)

May 30, 2003