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Two New York contractors indicted for manslaughter after worker is killed in trench collapse

Monday, October 19, 2015

OSHA reports that two workers are killed every month in trench collapses. Just recently, OSHA cited two contractors following a trench collapse that buried 22-year-old laborer Carlos Moncayo beneath tons of soil and debris at a Manhattan construction site. OSHA found that Moncayo's death could have been prevented if the general contractor and subcontractor had provided cave-in protection for the trench or braced an adjacent section of undermined and unsupported sidewalk. In connection with Moncayo's death, officials from both companies were indicted for manslaughter and other charges in the New York State Supreme Court on Aug. 5.

"Managers from these companies were aware of these deadly hazards and did not remove employees from the trench, even after warnings from project safety officials." 

OSHA issued each employer two citations for willful violations of workplace safety standards on Oct. 5. Proposed fines total $280,000 – $140,000 for each company – the maximum allowable fines under the Occupational Safety and Health Act. A willful violation is committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. 

"Carlos Moncayo was a person, not a statistic. His death was completely avoidable. Had the trench been guarded properly against collapse, he would not have died in the cave-in. This unconscionable behavior needlessly and shamefully cost a man his life."
Quotes by Kay Gee, OSHA Area Director-Manhattan

Updated OSHA guide on Trenching and Excavation Safety

Trench and excavation work are among the most hazardous operations in construction. Because one cubic yard of soil can weigh as much as a car, an unprotected trench can be an early grave. OSHA's updated guide to Trenching and Excavation Safety highlights key elements of the applicable workplace standards and describes safe practices that employers can follow to protect workers from cave-ins and other hazards. A new section in the updated guide addresses safety factors that an employer should consider when bidding on a job. Expanded sections describe maintaining materials and equipment used for worker protection systems as well as additional hazards associated with excavations.

Remember, an unprotected trench can become an early grave. Learn how to keep workers safe. Download these OSHA Guides for details.

OSHA Guide to Trenching and Excavation Safety
Trenching and Excavation Safety Fact Sheet

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Technical Rescue Incident Preparedness: Hazard Identification and Risk Assessment

Wednesday, July 08, 2015

Reported by James Breen, Special Projects Manager for Roco Rescue, Inc.

Whether you’re a relatively new or a well-established Technical Search and Rescue (TSAR) organization, following an established Hazard Identification and Risk Assessment process is a great way to ensure you’re prepared for the “Big One."

The “Big One” is that incident where you’re called upon to deliver on the organizational investment of having a TSAR capability. A great deal of organizational time, money, and effort is invested in developing, maintaining, and deploying a Rescue Team. Plant Administrators, Fire Chiefs, and elected officials (private board members or public officials) want to see a return on that investment when their rescue service is called into action to save a life.  

The purpose of this article is to assist the Rescue Team Leader (RTL) and aspiring RTL (because we should always be developing our replacement) in establishing a Rescue Team, developing a new TSAR capability, or ensuring an established Rescue Team is adequately prepared for the “Big One."

Firstly, if there is a potential for a TSAR incident to occur within your jurisdiction, NFPA 1670 requires the authority having jurisdiction (AHJ) to address a number of “General Requirements” found in Chapter 4. The review and completion of these requirements are usually a function of the Rescue Team Leader along with key management personnel who authorize, budget, schedule, and equip the Rescue Team.

The format of Chapter 4 is useful for all Rescue Teams, whether newly formed or long established. It is an excellent tool for ensuring some of the foundational aspects of preparedness and organizational structure are (or have been) properly established.  Most “senior rescuers” (not those on Medicare but those that have the respect, time, and experience that makes them leaders in technical rescue) will tell you that the TSAR incident potential, including their hazards and risks, change as industrial processes are updated, installed, or eliminated. 

Key to all emergency response success is planning and preparation. However, incident preparation should be driven by the types of emergency incidents that have a potential for occurring within a given jurisdiction. This is the starting point for determining rescue capabilities, SOP/SOG’s, staffing, training, and equipment. 

The Hazard Identification and Risk Assessment is one method for assessing incident potential. NFPA defines:

•  Hazard Identification - The process of identifying situations or conditions that have the potential to cause injury to people, damage to property, or damage to the environment. 

•  Risk Assessment - An assessment of the likelihood, vulnerability, and magnitude of incidents that could result from the exposure to hazards. 

This process identifies the possibility of conducting TSAR operations within a jurisdiction by evaluating environmental, physical, social, and cultural factors that influence the scope, frequency and magnitude of a potential TSAR incident. It also addresses the impact the incident has on the AHJ to respond and conduct operations while minimizing threats to rescuers (NPFA 1670, 4.2.1 and 4.2.2). The standard lists a number of scientific methodologies in its annex but in the spirit of keeping it, we’ll approach this process using a Preliminary Checklist. (See Sample Checklist.)

Once completed, the checklist may have entries that require further analysis, identify a need to develop or expand a capability, or require entering into an agreement with an external resource. 

This checklist is for day-to-day incident responses under predictable jurisdictional response conditions and should not be used for disaster scenarios where large scale regional and federal resources will be required to mitigate the incident. These scenarios should be addressed through Emergency Response Plans. 

Most fire departments and other emergency response organizations want to maintain a response capability that match potential incidents in order to be operationally effective, provide for rescuer safety, and have positive incident outcomes.  

A Hazard Identification and Risk Assessment is an excellent way to evaluate your organization’s preparedness level for technical rescue incidents based the potential for one to occur; it also aids in the development of specific capability. 

About the Author: James (Jim) Breen is Special Projects Manager for Roco Rescue where he handles a wide variety of projects and provides program support, while still engaging in instructional services. Jim previously served for over 23 years with the Albuquerque Fire Department and retired as the agency's Fire Chief in 2013. He previously had served as a Battalion Commander for the city’s busiest battalion, and has extensive experience in Incident Command and Heavy Rescue Operations. He is a former USAF Pararescueman and a Rescue Squad Manager and Task Force Leader with NMTF-1 where he was deployed to several national disasters.

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Combustible Dust and Confined Spaces

Monday, January 05, 2015

In January 2004, an explosion at the West Pharmaceutical Company in Kingston, NC killed 6 workers and injured 34 others. Two firefighters were injured during the response to the incident.  One month later, an explosion and fire occurred at the CTA Acoustics manufacturing facility in Corbin, KY, killing 7 workers. In February 2008, an explosion at the Imperial Sugar Company facility in Wentworth, GA, killed 13 workers and injured 42 others. Three very different types of facilities with very different products, but with one thing in common—dust!

"A 'safe’ area can become a ticking bomb if ventilation results in the suspension of otherwise stable dust accumulations."

The Chemical Safety Board reported that there were 281 explosions of combustible dust in the United States between 1980 and 2005. These explosions resulted in 199 deaths and 718 injuries. And these are just the actual explosions. There are countless more combustible dust environments just waiting for the right (or wrong) conditions to align to become the next fatal explosion. The fact is that with the exception of silicon or sand, every kind of dust is potentially combustible to some degree.

Combustible dusts are measured on a “deflagration index,” (see box) which measures the relative explosion severity compared to other dusts. They range from such seemingly innocuous items such as dust from powdered milk and egg whites that can create “weak explosions,” to dusts from items such as magnesium and aluminum that can result in “very strong explosions.” But I think we can all agree that no explosion, even a “weak” explosion, is a good explosion—especially if it occurs during rescue operations. 

As rescuers, you should already be familiar with the “fire triangle.” To understand the danger of combustible dusts, you should also be familiar with the “dust explosion pentagon.” The dust explosion pentagon consists of the following:

-       Combustible Dust (Fuel)

-       Ignition Source

-       Oxygen

-       Dispersion of dust (suspension)

-       Containment of the dust in a confined or semi-confined area (Enclosures/Building/Confined Space)

Rescuers should be on the lookout for any appreciable accumulation of dust when sizing up a rescue situation. Keep in mind that your atmospheric monitor containing a sensor for combustible gases is not effective for detecting a hazard from combustible dust.  

Always remain aware that in a suspended state, dust becomes explosive. Dust explosions occur when combustible dust is present, forms a dust cloud in an enclosed environment, and is exposed to oxygen and an ignition source. The explosion occurs as a result of the rapid burning of the dust cloud, which creates a rapid pressure rise in the enclosed area or confined space. 

A dust pile that may burn while an ignition source is being applied, then go out immediately or shortly after the ignition source is removed, can become lethally explosive when scattered and suspended in the air. 

Always consider the potential for combustible dust in any rescue situation, particularly when ventilation of an enclosure, building, or confined space is considered. A “safe” area can become a ticking bomb if ventilation results in the suspension of otherwise stable dust accumulations.

This article was written by Robert Aguiluz, who is currently an Administrative Law Judge for the State of Louisiana. He is also an attorney who specializes in Occupational Safety and Health Law, and regulatory and compliance issues. He is a former Certified Safety Professional and Roco Rescue Instructor with over twenty years’ experience in both industrial and municipal emergency response and rescue.
 

Combustible Dust Considerations for Emergency Responders:

1.  Know your response area and the types of industry that may have the potential for combustible dust. If you are performing standby rescue duties, meet with the SH&E management team to learn about any combustible dust hazards at their facility.

2.  Become familiar with the “deflagration index” for various types of materials. See sample Chart below.

Examples of Kst Values for Different Types of Dust

 

3.  Consider the effect of ventilating a space that has accumulations of combustible dust.

        •  Will you cause the dust to become suspended?
        •  Will the suspended moving dust create a static charge/discharge and become a source of ignition?
        •  Can your ventilation equipment become a source of ignition?

4.  Is there information to review on the SDS (Safety Data Sheet) regarding the material’s potential to become combustible dust?


HELPFUL LINKS:

OSHA Quick Card: Prevent Dust Explosions

“Firefighting Precautions at Facilities with Combustible Dust”

“Hazardous Communication Guidance for Combustible Dust”

“Combustible Dust in Industry: Preventing and Mitigating the Effects of Fire and Explosions”

“NFPA 654: Standard for the Prevention of Fire and Dust Explosions”

 



















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Tips for Using Roco’s Confined Space Types Chart

Thursday, December 11, 2014

Is your rescue team (or service) truly capable of rescuing workers from the various types of confined spaces on your site?

What about rescue services for the contractor who’s working on your site with personnel entering permit spaces?

As a rescue team, have you considered all the angles in preparing for confined space rescue?

Refineries, plants and manufacturing facilities have a wide range of confined spaces – some having only a few, where others may have hundreds. In OSHA’s 1910.146, a big consideration is allowing rescue teams the opportunity to practice and plan for the various types of confined spaces they may be required to respond for rescue.

Obviously, it would be impossible to practice in each and every one of the spaces – from a time standpoint as well as most times the spaces are operating and functioning units within the plant. That’s why section (k) of 1910.146 also allows practice from “representative” spaces.

Using OSHA’s guidelines for determining representative spaces, Roco’s Confined Space Types Chart was developed to assist rescue teams in planning and preparing for the various types of spaces in their response area. Our CS Types Chart allows you to categorize permit spaces into one of six types – which can be used to prepare rescue plans, determine rescue requirements and practice drills or evaluate a prospective rescue service.

While there may be hundreds of permit spaces on site, many of them will fit into one of these six types and require the same (or similar) rescue plan. Of course, there are always unique situations in addition to physical characteristics, such as space-specific hazards or specialized PPE requirements, but we feel this chart is a valuable tool that can be used for critical planning and preparation for confined space rescue operations.

Over the decades here at Roco, we have seen just about every type of confined space configuration there is. We’ve also learned that it is imperative to understand the physical limitations of the space access and internal configuration and how this affects the choice of equipment and techniques in order to provide a viable, safe rescue capability.

During an emergency is NOT the time to learn that your backboard or litter will not fit through the portal once the patient is packaged. By referring to the Types Chart and practicing simulated rescues from the relevant types of spaces will help identify these limitations in a controlled setting instead of during the heat of an emergency.

Here’s an example


Most backboards are 16 to 20-inches wide. With an 18-inch round portal, the backboard will only fit through the “widest” part (or diameter) of the opening. In effect, this cuts the size of the opening in half (see illustration). If the thickness of the backboard is approximately 1-inch, then you only have about 7 or 8-inches of space remaining to clear the patient. This is one example where all the rescue equipment components may fit into the space but cannot be removed once the patient is packaged.

 


On the Roco Types Chart, you will note that there are six (6) general types identified, which are based on portal opening size and position of portal. For example, Types 1 and 2 are “side entries”; Types 3 and 4 are “top entries”; and Types 5 and 6 are “bottom entries.” There are two types of each due to portal size as discussed above. Openings greater than 24-inches will allow packaged patients on rigid litters or rescuers using SCBA to negotiate the opening. Spaces less than 24-inches will require a higher level of expertise and different packaging and patient movement techniques.
Confined Space Portal Types defined by OSHA

Because OSHA 1910.146 requires employers to allow access for rescue planning and practice purposes, here’s an opportunity to be better prepared and practiced on thetypes of spaces in the response area. So, get out your clipboard, tape measure, some sketch paper, and a flashlight (if safe to do so) in order to view as much of the interior of the space as you can. Gaining access to architectural or engineering drawings may also be helpful in determining the internal configuration of the space for the times that actual entry is not feasible. Armed with this information, it is time to “type” the spaces in your response area using the Roco CS Types Chart.

Once this is completed, pay particular attention to spaces that have been identified as Types 1, 3, or 5. These spaces have restrictive portals (24-inches or less) and are considered “worst case” regarding entry and escape in terms of portal size. As mentioned, this is very important because it will greatly influence the types of patient packaging equipment and rescuer PPE that can be used in the space.

Another critical consideration is accessibility to the space – or “elevation” of the portal. While the rescue service may practice rescues from Top, Side and Bottom portals – if it’s from ground level, that’s very different from a portal that’s at a 100-ft elevation. Here’s where high angle or elevated rescue techniques normally are required for getting the patient lowered to ground level. This is important! Rescue practice from a representative space needs to be a “true” representation of the kind of rescue that may be required in an emergency.

In Appendix F, OSHA offers guidelines for determining Representative Spaces for Rescue Practice. OSHA adds that “teams may practice in representative spaces that are ‘worst case’ or most restrictive with respect to internal configuration, elevation, and portal size.” These characteristics, according to OSHA, should be considered when deciding whether a space is truly representative of an actual permit space.

Roco Note: Practice in portals that are greater than 24-inches is also important so that rescuers can practice using all proper patient packaging protocols that may be allowed with larger size openings.

(1) Internal Configuration – If the interior of the space is congested with utilities or other structural components that may hinder movement or the ability to efficiently package a patient, it must be addressed in training. For example, will the use of entrant rescuer retrieval lines be feasible? After one or two 90 degree turns around corners or around structural members, the ability to provide external retrieval of the entrant rescuer is probably forfeited. For vertical rescue, if there are offset platforms or passageways, there may be a need for directional pulleys or intermediate haul systems that are operated inside the space.

What about rescues while on emergency breathing air? If the internal configuration is so congested that the time required to complete patient packaging exceeds the duration of a backpack SCBA, then the team should consider using SAR. Will the internal configuration hinder or prevent visual monitoring and communications with the entrant rescuers? If so, it may be advisable to use an “internal hole watch” to provide a communication link between the entrant rescuers and personnel outside the space.

What if the internal configuration is such that complete patient packaging is not possible inside the space? This may dictate a “load and go” type rescue that provides minimal patient packaging while providing as much stabilization as feasible through the use of extrication-type short spine boards as an example.

(2) Elevation – If the portal is 4 feet or greater above grade, the rescue team must be capable of providing an effective and safe high angle lower of the victim; and, if needed, an attendant rescuer. This may require additional training and equipment. For these situations, it is important to identify high-point anchors that may be suitable for use, or plan for portable high-point anchors, such as a “knuckle lift” or some other device.

(3) Portal Size – The magic number is 24 inches or less* in diameter for round portals or in the smallest dimension for non-round portals. It is a common mistake for a rescue team to “test drive” their 22-to-23-inch wide litter or backboard on a 24-inch portal without a victim loaded and discover that it just barely fits. The problem arises when a victim is loaded into the litter. The only way the litter or backboard will fit is at the “equator” of the round portal. This will most likely not leave enough room between the rigid litter or backboard and the victim’s chest, except for our more petite victims.

And, it’s already difficult to negotiate a portal while wearing a backpack SCBA. For portals of 24 inches or less, it is nearly impossible. DO NOT under any circumstances remove your backpack SCBA in order gain access to a confined space through a restricted portal or passageway. If the backpack SCBA will not fit, it is time to consider an airline respirator and emergency escape harness/bottle instead.

By using the Roco Types Chart in preplanning these “worst case” portals and the spaces that fall into the type 1, 3, or 5 categories, the rescue team will be able to determine in advance that different equipment or techniques may be required in order to effect rescue through these type portals.

*ROCO NOTE: In Appendix F, OSHA uses “less than 24-inches” in Section B (#8); however, in (3) Portal Size (a) Restricted, it uses “24-inches or less,” which we are using in our Types Chart.

(4) Space Access – Horizontal vs. Vertical? Most rescuers regard horizontal retrievals as easier than vertical. This is not always the case. If there are floor projections, pipe work or other utilities, or just a grated floor surface, it may create an incredible amount of friction or an absolute impediment to the horizontal movement of an inert victim. In this case, the entrant rescuers may have to rely on old-fashioned arm and leg strength to maneuver the victim. Once the victim is moved to the portal, it may become an incredibly difficult task to lift a harnessed victim up and over the lower edge of the portal. Even if the portal is as little as three feet above the level of the victim, it is very difficult to lift a victim’s dead weight up and over the portal lower edge. Sometimes using a long backboard as an internal ramp may do the trick. For vertical access, there may be a need for additional training or equipment to provide the lifting or lowering capability for both the victim and the entrant rescuer.

Appropriate rescue pre-plans and realistic rescue practice can be one of the best ways to be prepared for confined space rescues – and allow rescuers to operate more safely and effectively in an emergency situation. Roco CS Types Chart can be used as a quick reference when doing an initial assessment of confined spaces and permit-required confined spaces. It helps in designing rescue training and practice drills that will truly prepare rescuers for the particular spaces on site. The information can also be used when conducting performance evaluations for your team, a contracted stand-by rescue service, a local off-site response team, or a contractor who supplies their own rescue services while working in your plant.

In section (k), OSHA requires employers to evaluate the prospective rescue service to determine proficiency in terms of rescue-related tasks and proper equipment. If you are relying on a contracted rescue service or if an on-site contractor is providing their own rescue capabilities, we encourage you to have them perform a simulated rescue from a representative type space. Otherwise, if an incident occurs and the “rescuers” you are depending on are not capable of safely performing a rescue, your company could be culpable.
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OSHA's Confined Space Construction Rule Under OMB Review

Tuesday, November 25, 2014

OSHA's final rule on confined spaces in construction is being reviewed by the Office of Information and Regulatory Affairs. The review is one of the final steps required before OSHA can formally publish the rule.

OIRA, which is a branch of the White House's Office of Management and Budget, received the rule for review on Nov. 14. The office is limited to a 90-day review but can request an extension. The rule has been in the works since at least 2003; the proposed rule was published in 2007.

Several provisions in the proposed rule are similar to those found in the agency's confined spaces standard for general industry. That rule, issued in 1993, mandates specific procedures and includes requirements such as a written program, atmospheric monitoring and training.

Stand by for additional updates on this regulation.

News story from the National Safety Council. 

 

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