Minnesota OSHA issues citations to Wayne Transports, Inc. after worker died in confined space

The Minnesota Department of Labor and Industry's (DLI's) Minnesota OSHA (MNOSHA) Compliance has issued a $621,600 penalty to Wayne Transports, Inc., primarily for lack of confined-space safety requirements at its facility in Virginia, Minnesota, following a worker fatality in a tanker in March 2024.

In July 2024, MNOSHA Compliance issued 10 serious citations for violations of the general industry, confined space standard, 29 CFR 1910.146. The inspection found that when an employee died while working inside of a confined space, Wayne Transports did not adequately protect employees from confined-space hazards. 

For permit-required confined spaces, the company did not:  prevent unauthorized entry; identify and evaluate the hazards prior to entry; implement the means, procedures and practices necessary for safe operations; test conditions inside prior to employee entry; provide at least one attendant outside during entry operations; develop and implement a system for the preparation, issuance, use and cancellation of entry permits for entries conducted by employees; provide adequate training for employees conducting entries; certify the required training for employees was completed prior to entry; evaluate the rescue capabilities of the local emergency services prior to employee entries; or ensure employees wore adequate retrieval systems or other methods to facilitate non-entry rescue of entrants.

"Work processes must be designed with the goal of eliminating workplace injuries and illnesses, and workers must be properly trained about how to perform their work safely," said DLI Commissioner Nicole Blissenbach. "Before work is performed in a confined space, employers must evaluate the elements of that space and ensure they have a comprehensive plan to protect their employees from potential hazards."

In addition to the confined-space citations, MNOSHA Compliance issued citations to Wayne Transports for a lack of safety datasheets for chemicals contained within truck tank trailers, which were not readily accessible to employees in their work areas, and for not establishing and administering a joint labor-management safety committee. 

Wayne Transports has filed a Notice of Contest.

The Bureau of Labor Statistics reports more than 1,030 U.S. workers died from workplace injuries related to confined spaces from 2011 to 2018.

For information about developing a workplace safety and health program and for additional information about confined spaces, visit MNOSHA's Safety and health at work webpage and federal OSHA's Confined spaces webpage. 

Employers can also contact MNOSHA Workplace Safety Consultation, which helps employers that want to learn how to improve safety and health at their worksite, at osha.consultation@state.mn.us, 651-284-5060 or 800-657-3776.