U.S. Secretary of Labor - West Virginia matter, OSHRC Docket No. 05-0399 (West Virginia 2005)

Following multiple inspections at West Virginia facilities, OSHA issued citations concerning our client’s permit required confined space program. Under § 1910.146(c)(7)(iii), after an employer has reclassified a Permit Required Confined Space (“PRCS”) to a non-Permit Required Confined Space (“NPRCS”), the employer must create a certification document, which contains the date, the location of the space, and signature of the person making the determination that the hazards in the otherwise PRCS have been eliminated. Our client completes this § 1910.146(c)(7)(iii) certificate annually for the compactor space of various refuse collection trucks when authorized Technicians work in the compactor space. OSHA maintained that the NPRCS certification should have been created for each and every entry by a Technician entering the confined space, imposing a significant documentation burden on the employer. One day after we filed a Motion for Summary Judgment, the Department of Labor dismissed the case in its entirety and issued a de minimis citation.

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