Six workers were killed Wednesday on a dairy farm in Keenesburg, Colorado, about 45 miles northeast of Denver. Many details are still sketchy, but I wanted to provide a few thoughts as quickly as possible.
This was apparently a confined space incident related to a manure pit. The dead are all male and Hispanic, according to Jolene Weiner, chief deputy coroner for Weld County. County tax records say the property is owned by Prospect Valley Dairy LLC and list a Bakersfield, California, address for the owners.
Confined spaces are generally defined as spaces that are large enough for workers to enter and perform certain jobs, but they also have limited or restricted means for entry or exit and is not designed for continuous occupancy. They can be deadly if toxic gasses from decomposing organic materials or other sources are present.
Manure pits are common confined spaces on dairy farms used to store and eventually dispose of manure created by cows. As manure (and other organic material) decompose, it can form methane, hydrogen sulfide, carbon dioxide and ammonia. This gases can also displace oxygen, creating an oxygen deficiency.
Hydrogen sulfide is toxic and can suffocate workers quickly at high concentrations. It has a characteristic rotten egg smell odor, but the nose quickly gets used to it. Methane is an odorless gas that is flammable or explosive at certain concentrations. At higher concentrations, methane can displace enough oxygen to cause death by suffocation. These incidents are more likely to occur in hot weather which increases gas accumulation in manure pits. The high in Keenesburg yesterday was 96°F.
OSHA Standards — But Not For Farm Workers
In 1979, NIOSH published its “Criteria for a Recommended Standard: Working in Confined Spaces.” (NIOSH Criteria Documents were comprehensive scientific documents that provided the basis for recommended OSHA standards.) It wasn’t until almost 14 years later that OSHA issued its “Permit Required Confined Space Standard” in January 1993. That standard only covered General Industry jobs, such as wastewater treatment plants. It wasn’t until 2015 that OSHA finally issued a confined spaces standard covering construction workers.
Unfortunately, the six workers killed in Keenesburg were not covered by either of OSHA’s confined space standards, because despite the clear hazards on farms, there is no OSHA confined space standard that covers the agricultural industry. Enforcement is therefore dependent on OSHA’s difficult and burdensome General Duty clause. And farm workers are left without any requirement for training, air monitoring, emergency response or safe rescue.
One of the main principles of the General Industry confined space standard is that the atmosphere in the space must be monitored before workers enter and a “permit” must be filled out ensuring that all the safety measures have been taken. There must also be a method of non-entry rescue — which means there must be a way to pull the entering worker out of a space without a rescuer entering. In addition, there must be procedures for summoning rescue and emergency services, and workers must be well trained. And there must be an attendant up who maintains contact at all times with the worker entering a confined space — either visually, via phone, or by two-way radio so that the worker can be evacuated and/or rescue teams can be called.
It’s not that OSHA Is not aware of hazards on farms. As an OSHA evaluation of a confined space fatality on a farm reminds agricultural workers and employers, “OSHA’s confined spaces standard at 29 C.F.R. 1910.146 does not apply to agricultural operations, but serves as a guide for how to prevent these accidents.”
But “guides” don’t adequately protect workers; enforceable standards — and enforcement staff — do.
Multiple Deaths
Multiple deaths in confined space incidents used to be typical — before OSHA issued its General Industry Confined Space standard in 1992. One worker goes down into an unmonitored, unventilated confined space and passes out from hydrogen sulfide or oxygen deprivation. His buddy sees him, says “Oh my God,” and climbs in to help him. He is overcome, and his buddy sees him and repeats the deadly process. Over and over again until someone figures out that rescue attempts are likely death sentences.
NIOSH’s 1979 “Criteria for a Recommended Standard: Working in Confined Spaces” reported that in cases surveyed, far more rescuers had died than initial victims.
It is essential that well planned rescue procedures and the proper use of personal protective equipment be followed. The literature and data reviewed have shown a very poor record in successful rescue efforts. Spontaneous reaction instead of well planned and executed rescue procedures has led to multiple fatalities in confined spaces. In 19 of the 25 cases in which rescue was attempted, the rescuers were injured or killed. These cases resulted in 13 deaths and 30 injuries to rescuers, even though only 5 victims were successfully saved. One particular case resulted in injury to 15 rescuers; however, they were successful in saving 3 lives .
A 1986 NIOSH publication “Preventing Occupational Fatalities in Confined Spaces” reviewed 8 case studies in which 6 workers and ten rescuers died.
In 1990, NIOSH published a factsheet on “Preventing deaths of farm workers in manure pits“. The factsheet describes seven deaths from asphyxiation that occurred during two incidents involving entry into manure pits. A July 26, 1989 incident described in that publication may similar to the tragedy in Keenesburg:
Five farm workers died after consecutively entering a manure pit on their farm. The pit measured 20 by 24 feet and was 10 feet deep. The victims were a 65-year-old dairy farmer, his two sons aged 37 and 28, a 15-year-old grandson, and a 63-year-old nephew. The younger son initially entered the pit to replace a shear pin on an agitator shaft. (NOTE: Agitation of the manure, which is required to facilitate transfer, causes a rapid release of the gases formed during decomposition.) While attempting to climb out of the pit, the initial victim was overcome and fell to the bottom. The grandson then entered the pit to attempt a rescue. He too was overcome and collapsed. The nephew, the older son, and the dairy farmer then entered the pit one at a time, attempting to rescue those already overcome. Each was overcome and collapsed in turn. A carpet installer working at the farm house then entered the pit to attempt a rescue. He too was overcome but was rescued by his assistant and subsequently recovered. Finally, the owner of a local farm implement business arrived on the scene with two of his workers and, using a rope, extricated the five victims from the pit. When the local emergency rescue squad arrived on the scene approximately 20 minutes after the incident, they immediately began cardiopulmonary resuscitation. The nephew was pronounced dead at the scene. The remaining four victims were transported to the local hospital. The farmer and his younger son were pronounced dead on arrival, and the older son died an hour after reaching the emergency room. The grandson was transferred to a major trauma center by helicopter but he died approximately 6 hours after his removal from the pit. Reports of the medical examiner cite methane asphyxiation as the cause of these five deaths.
Heroes or Victims of Workplace Crime?
In 2017, three workers were killed in a confined space in Saipan — one initial victim and two rescuers. An executive of the the company lauded the dead rescuers, noting that “two of the victims lost their lives attempting to save a coworker. ‘This is the ultimate act of heroism and courage for which they should be honored.’”
It may be true that these rescuers were courageous, but jumping into a manure pit to save your friend and co-workers is not an “act of heroism and courage.” It is the result of a likely criminal failure on the part of the employer to provide a safe workplace. Strong safety standards are needed — even for farm workers — so that their “heroism and courage” doesn’t become a death sentence.
And Finally…..
Two other points.
Much of the information cited above from over 40 years ago came from NIOSH — whose main purpose is to research health and safety hazards, and use that research to develop guidance — and eventually OSHA standards that protect workers lives. Donald Trump and DOGE have eliminated almost all NIOSH research. And while the Senate has moved to fully fund this small agency, it remains to be seen whether Trump will actually spend the money to restore NIOSH’s services.
NIOSH is particularly important for agricultural workers being as most ocean standards don’t cover farms.
According to NIOSH, in 2022, workers in the agriculture, forestry, fishing, and hunting industry had one of the highest fatal injury rates (18.6 deaths per 100,000 full-time equivalents), compared to 3.7 deaths per 100,000 FTE for all U.S. industries.
And according to University of California at San Francisco professor Robert Harrison, most of the NIOSH employees who would investigate incidents like this have retired, taken other jobs or are handcuffed on administrative leave.
Second, OSHA is investigating this tragedy, which is a good thing. This is apparently a large farm. Had these 6 workers died on a farm that employed ten or fewer workers, however, OSHA would have been prohibited from inspecting the fatalities due to language put into OSHA’s appropriations bills since the 1970’s. Yes, workers’ lives may be important, but not apparently not nearly as important as the profits of small farms.