Review Commission Affirms Ruling That Hopper Railcars Are Permit Spaces

On January 27, 1999, the Occupational Safety and Health Review Commission affirmed an administrative law judge finding that hopper railcars produced at an Alabama manufacturing plant were permit-required confined spaces.

A large manufacturing company with about 20 railcar plants was cited for several violations of the permit space standard following an inspection of a plant in Alabama. OSHA's compliance officer observed two employees simultaneously lining separate interior compartments of a three-compartment hopper railcar with a flammable epoxy liner.

The inspection revealed that the railcar lining process introduced flammable vapor inside the compartments, and that it was necessary for employees to wear protective clothing and respirators. According to the inspector's readings, the highest concentration of flammable vapors was over twice what the standard allows.

The review commssion pointed out that the standard covers those areas with the "potential to contain a hazarous atmosphere," and the readings clearly show that the potential exists for the railcars to contain hazardous atmosphere.

TOTAL PENALTY: $4750