Region 6 News Release: 13-2042-DAL
Oct. 30, 2013
Contact: Diana Petterson Juan Rodriguez
Phone: 972-850-4710 972-850-4709
Email: petterson.diana@dol.gov rodriguez.juan@dol.gov

Crossett, Ark., trucking company cited by US Department of Labor's OSHA
for asphyxiation hazards following worker fatality
Sherman Brothers Trucking cited for 11 violations, including confined space requirements

CROSSETT, Ark. – Sherman Brothers Trucking Inc., doing business as Team Transport Inc., has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 11 safety and health violations, including one willful, for deficiencies of its permit-required confined space program and other workplace hazards at its Crossett facility. An inspection began in April after a temporary worker, who was cleaning the inside of a tanker trailer without proper training, was found unconscious and later died from an oxygen-deficient atmosphere.

"Confined spaces can potentially contain hazardous atmospheres. In this case, the employer failed to implement all aspects of a confined space program, including training its workers," said Carlos Reynolds, OSHA's area director in Little Rock. "This lack of regard for worker safety is unacceptable and led to a loss of life."

A willful violation was cited for failing to maintain air monitoring equipment and evaluate permit-required confined space conditions prior to entry. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

The seven serious violations cited include failing to guard open floor holes to prevent falling into the next level; stabilize a platform used to access a tanker cleaning area with railings or posts to prevent fall hazards; and train workers on confined spaces and hazard communications. The employer also failed to implement respirator, confined space and hazard communications programs. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The three other-than-serious violations involve the availability of confined space training certifications and ensuring drums and totes containing chemicals were properly labeled with identity and hazard warnings. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Proposed penalties total $113,400. The citations can be viewed at: http://www.osha.gov/ooc/citations/Sherman_Brothers_Trucking_903056_1028_13.pdf*.

Team Transport is part of the S.B. Inc. family of companies, headquartered in Harrisburg, Ore., that includes Sherman Brothers Heavy Trucking, Lee's Trucking and Sound Transportation. The employer has 15 business days from receipt of the citations and penalties to comply, request an informal conference with the area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Little Rock office at 501-224-1841. For more information on Protecting Temporary Workers, go to: https://www.osha.gov/temp_workers/.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions exist for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 292-693-7828 or TTY 292-693-7755.

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.