OSHA violations after worker plunges to the bottom of 8-story water tower in Berkeley

BERKELEY - A private contractor faces $485,580 in fines after a worker fell 80 feet to the bottom of the Bayville water tower in January, according to the federal government.

U.S. Tank Painting , an industrial painting and sandblasting contractor, was in the process of sandblasting and repainting the tower, the U.S. Department of Labor said in a statement on Wednesday.

“An employee suffered numerous severe injuries because their employer did not make sure legally required fall protection was provided for workers climbing up and down the inside of an 8-story water tower,” said Paula Dixon-Roderick, area director of the Labor Department’s Occupational Safety and Health Administration, who is based in Marlton. “We intend to hold employers responsible when they fail to follow rules put in place to protect the safety and wellbeing of workers.”

Where will they be?: Monmouth County DWI Task Force announces locations of this weekend’s sobriety checkpoints

OSHA inspectors cited the company — which serves public and private sector clients in the Mid-Atlantic and New England regions — for “three willful and 19 serious violations.” The victim, who was not identified, fell while climbing a maintenance tube ladder into the water tank, according to the statement.

During the investigation, the federal inspectors also determined that the company exposed employees to respiratory injuries and hearing loss while working in a permit-required confined space, subjected them to fire and explosion hazards, as well as long-term lung damage related to unsafe levels of silica dust, the statement said.

More Ocean County news: Southern Ocean adds thousands of residents; Southern Ocean Medical Center is catching up

According to the Labor Department, the company has been cited for the following violations:

• Ensure workers use fall protection while ascending or descending the maintenance tube ladder;
• Reduce noise levels below the permissible exposure level using hearing protection, administrative or engineering controls;
• Evaluate the hazards within the water tower which was considered to be a permit-required for confined space hazards, and ensure the hazards were eliminated;
• Complete required confined space permits;
• Develop a rescue plan for those working inside the water tower, for which the company was cited in 2017;
• Provide continuous air monitoring equipment for use inside the water tower;
• Take proper safety precautions when flammable paint is being used;
• Evaluate employee exposure to crystalline silica contained within paint, which was found to be outside acceptable safety limits;
• Train workers on crystalline silica hazards and have a specific silica program for the Bayville site;
• Develop a site-specific respiratory protection program;
• Ensure the use of a carbon monoxide detector when workers use supplied air respirators; and
• Provide the required respirator cartridge needed to filter crystalline silica.

Aqua New Jersey, which itself is a subsidiary of Aqua (a water supply company operating in eight states), had contracted U.S. Tank Painting Inc., based in Millstone, for the maintenance and repair project.

Operating for more than 30 years, U.S. Tank Painting has clients in Connecticut, Delaware, Maryland, Massachusetts, New Jersey, New York and Pennsylvania, all according to the statement from the federal government.

In addition to repainting the tower, the company had also been contracted to replace a ladder attached to the structure to access the top of the tower.

OSHA said the company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Contact Asbury Park Press reporter Erik Larsen at elarsen@gannettnj.com.

This article originally appeared on Asbury Park Press: OSHA violations after worker plunges to the bottom of 8-story water tower in Berkeley