Nebraska Railcar Cleaning Services, Omaha NE, was cited for more than 30 violations by the Occupational Safety & Health Administration (OSHA) after an April 14 explosion in a railcar that killed two workers and injured a third.
Moments before a blast ripped through the railcar, a check of the air quality inside indicated a serious risk of an explosion, according to OSHA officials. Despite the warning, Nebraska Railcar Cleaning Services reportedly sent two employees, aged 41 and 45, into the railcar to work without monitoring the air continuously for explosive hazards as required, nor providing the employees with emergency retrieval equipment or properly fitted respirators
The explosion that resulted blew the railcar’s escape ladder off and killed the two men, trapping one inside and hurling the other off the top of the railcar. A third employee was injured.
After its investigation at the company’s Hickory Street, Pierce Street, and South 30th Street sites following the explosion, OSHA cited Nebraska Railcar Cleaning Services for seven egregious willful, three willful, two repeated, 20 serious, and one other than serious safety and health violations on October 13. The company faces penalties of $963,000. OSHA also placed the company in the agency’s Severe Violator Enforcement Program.
Nebraska Railcar Cleaning Services specializes in cleaning railcars that contained foodgrade products, herbicides, pesticides, fertilizers, used oil, asphalt, gasoline, and ethanol. At the time of the 2015 inspection, it employed 35 workers at three locations in Omaha.
The egregious willful violations involve multiple instances of failing to monitor air quality properly in confined spaces as required and for not fit-testing employees required to use respirators in railcars, according to OSHA officials. Most railcars are confined spaces, which are large enough for workers to enter and perform certain jobs, such as cleaning and maintenance, but are not designed for continuous occupancy. Safety regulations require that employers evaluate confined spaces for air quality and other hazards prior to allowing workers to enter and then monitor conditions while employees are inside.
“This company has regularly failed to use appropriate equipment and procedures to keep their employees safe, and in this case it had tragic consequences,” said Jeff Funke, OSHA’s area director in Omaha. “The company needs to immediately reevaluate its procedures for entering and cleaning railcars.”
In the most recent citations, Nebraska Rail Car Services also failed to:
- Train workers on hazard materials in use.
- Establish a hazardous waste program to include training, proper handling and removal.
- Label containers for chemical hazards.
- Guard floor openings to prevent fall hazards.
- Establish a hearing conservation program.
- Provide first aid and fire extinguisher training.
- Remove damaged powered industrial vehicles.
- Numerous electrical safety violations.
- Train workers on safely operating powered industrial vehicles, a violation the company was cited for in 2013.
The US Environmental Protection Agency is currently investigating allegations that the company improperly disposed of hazardous waste.
Nebraska Railcar Cleaning Services and Omaha Transloading LLC, which share a majority owner, Steven Braithwaite, have had several previous OSHA inspections. In 2013, Nebraska Railcar Cleaning was cited for hearing conservation, respiratory protection, permit-required confined space, and powered industrial truck hazards.
In 2012, Omaha Transloading was issued serious citations for respiratory protection deficiencies and electrical hazards, according to OSHA officials.
Nebraska Railcar has had five whistleblower complaints filed with OSHA since 2013. Two are under investigation.