Hearing conservation and confined-space welding in tank construction

January 6, 1992

Wayne Romsos
Director of Safety and Human Resources
Brown Minneapolis Tank
[Recipient address omitted]
RE: Letter on Welding and Noise

Dear Mr. Romsos,

Thank you for your letter regarding our request of a re-evaluation of your confined space and hearing conservation programs at your company which was received in our office on November 29, 1991. It is unfortunate that you did not receive the intended enclosure on confined space, but our records indicate that it was indeed forwarded. Nonetheless, I have attached a copy of the procedures generally accepted in the safety and health profession as minimum safe requirements for confined space entry.

After a thorough review of your response by our office, we disagree with your assessment of the feasibility of a hearing conservation program for construction operations. We have concluded that the hearing conservation program which you now have for employees exposed to high levels of noise is inadequate and does not meet the requirements of 29 CFR 1926.52(d)(1). In addition to the provision of hearing protection, a hearing conservation program requires a noise survey of the work environment, audiograms administered on a periodic basis and their evaluation, the training of workers on the effects of noise, the meaning of the audiograms, and the use, care, and benefits of the hearing protection provided. Furthermore, 29CFR 1926.21(b)(2) requires that employees be instructed "in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury," which includes the training as described above. Your program should be updated to bring it into compliance with OSHA Standards. Failure to do so, exposes your workers to hearing loss and your company to a noncompliance status in regards to OSHA regulations.

In order to confirm your contention that your employees are protected from the hazards of toxic metal fumes such as chromium and nickel, recent (within past year) air sampling data is needed of workers welding inside tanks. If performed on employees who are representative of typical exposures, the data would verify the level of air contamination inside the tanks. Entry into confined spaces such as tanks exposes workers to serious hazards from poor quality atmospheres, lack of safe egress, lack of rescue procedures, equipment or personnel, lack of communication between inside workers and outside personnel, and more. This was recognized by 29CFR 1926.21(b)(6) and 1926.353(b) (copies of which are also enclosed) and is further defined by the general requirements in the attached document. It is critical that this be recognized and acted upon by all industry, but especially by someone in your particular business. Failure to act in a responsible fashion in this case simply because OSHA has not promulgated more specific regulations risks the lives of workers and exposes your company to potential serious citations in the future.

Please provide this office with a written response describing the action you have taken on this matter within ten (10) days. A copy of this letter, as well your response and the previous correspondence is being forwarded to our Regional Office for distribution throughout the United States as well as the Minneapolis Area OSHA office.

If you have any questions, please don't hesitate to call our office at 513-841-4132. Thank you for your interest in occupational safety and health and your attention to this matter.

Sincerely,
William M. Murphy
Area Director

[Earlier correspondence and confined-space procedure reproduced on OSHA page; omitted here.]