Letter to the Hon. Loren Sweatt, Principal Deputy Assistant Secretary of the Occupational Safety and Health Administration - Following July's heartbreaking death of Rochester toddler, Schumer joins victim's mother to expose gaping loopholes in Fed grease trap regs; senator demands OSHA adopt common-sense safety regs for grease trap lids ASAP, before they cause more tragedy

Letter

Dear Principal Deputy Assistant Secretary Sweatt,

I write to request the Occupational Safety and Health Administration (OSHA) take immediate steps to establish a new federal standard to close the grease trap workplace safety loophole which was most recently bought to light following a deadly incident three months ago in Rochester, NY. Currently, no OHSA standard exists specifically addressing grease trap cover safety requirements. Grease traps, also referred to as grease interceptors, stored outdoors and underground pose uniquely dangerous threats distinct from other fall or safe walking-working surface threats. Numerous incidents have revealed that if a cover fails and an individual falls into a grease trap, there is a high probability that the incident would be deadly due to drowning, suffocation, or exposure to chemicals, gases, and toxins. Moreover, grease-filled tanks complicate rescue attempts and even victims that could otherwise be rescued in time often perish because their falls go undetected.

On July 15, 2019, a 3-year-old son of a fast food restaurant employee in Rochester fatally drowned in an unsecure grease trap located ten feet from the back entrance to the restaurant. The ground-level, two-foot-wide plastic grease trap cover was in an area frequently trafficked by employees and was also accessible to customers and the public. Security camera footage later revealed that as the young boy walked to the cover it flipped open, he fell through the opening, and the lid pivoted back into place closing the hole and concealing him inside. Within the past decade, there have been many similar incidents and victims in states including Wisconsin, Oklahoma, Tennessee, and Alabama.

While OSHA has established standards to help guard against workplace fall hazards, more robust and specific standards for grease trap covers are required to protect against the unique threat. Specifically, I urge OSHA to establish a grease trap cover standard that includes requiring that the cover be specifically secured by a padlock or locking mechanism, or be constructed of round cast iron or comparable material rated for heavy road traffic with sufficient weight to prevent unauthorized access. All grease trap covers must be capable of supporting without failure, at least twice the maximum intended load that may be imposed on the cover at any one time. Additionally, the standard should require a secondary protection device on all grease traps that would prevent an individual from falling in should a cover fail. It is often common for grease trap covers to be placed at ground level in outside or publicly accessible areas where they are trafficked upon by employees, individuals, and vehicles.

These numerous tragic incidents experienced at establishments across the nation like the one faced by the family in Rochester have revealed the continued threat of this unique danger and the need to establish and enforce a robust national standard for these covers in order to protect lives. I urge OSHA to take swift action on this matter.

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