OSHA Fines Contractor and Owner in Tunnel Fire

Penalties of $1 million assessed

In concluding its investigation of the tunnel fire that took the lives of 5 painters in Colorado last October, OSHA has assessed penalties of $845,100 against the contractor and $189,900 against the owner. The contractor has received 13 willful citations, including three-per-instance willful citations alleging that electrical equipment brought into the tunnel was not safe because it could ignite the solvent and 10 willful citations alleging the unsafe handling of flammable liquids; failure to provide employees with adequate ventilation; failure to install carbon monoxide monitors; failure to arrange for emergency response in the event of an accident; failure to train on worksite chemical hazards; and a lack of fire extinguishers. It has also received 25 serious citations that include alleged fall hazards, unsafe storage of flammable liquids outside the tunnel, and improper respiratory protection.

The owner has been issued two willful citations for failing to take precautions to protect its own employees from hazards in the tunnel and failure to arrange for rescue services. They also received 19 serious citations for alleged fall hazards, electrical hazards, and unsafe storage of compressed gas.

Both companies have 15 days from receipt of the citations to request an informal conference with OSHA's area director or to contest the citations and proposed penalties before the independent Occupational Safety and Health Commission.

For further information:
http://www.dol.gov/opa/media/press/osha/osha20080406.htm