U.S. Tank Painting Inc., Bayville: OSHA silica citation

Inspection reason: Inside a water tower, a worker climbing a maintenance tube ladder fell 80 feet and suffered severe injuries.

Findings on silica dust

• The company did not evaluate how much its workers were exposed to the crystalline silica in the paint. That exposure was found above safe levels.
• Silica training was not provided to workers, and no silica program specific to that Bayville site existed.
• The respirator cartridges needed for filtering crystalline silica were not given to workers.
• A respiratory protection program specific to the site was missing.

Hazards also named in the citation

• No fall protection was in use as workers climbed the maintenance tube ladder, going either direction.
• Hazards tied to confined spaces went unaddressed: permits were never completed, hazards were not evaluated, air was not monitored continuously, and no rescue plan existed. In 2017, the company was cited because a rescue plan was missing.
• Noise stayed above the permissible level, and flammable paint was used without proper safety precautions.

The employer's time to answer the citation: The company had 15 working days after it received the citations and penalties. It could comply, ask OSHA's area director for an informal conference, or contest the findings at the independent Occupational Safety and Health Review Commission.

For anyone employed by U.S. Tank Painting

On building sites, silica dust is released from concrete, brick and stone through demolition, cutting and drilling. For anyone employed by U.S. Tank Painting, workers' comp is the usual first step of a silicosis claim. A lawyer can see if a product manufacturer or another contractor can also be sued.