SEATTLE – The U.S. Department of Labor’s Occupational Safety and Health Administration’s Boise Area Office has cited AmeriCold Logistics LLC for alleged violations of the Occupational Safety and Health Act related to unsafe working conditions at the company’s Nampa, Idaho, facility.
“Many of the alleged violations cited were for deficiencies in AmeriCold Logistics’ process safety management, or PSM, program,” said Richard S. Terrill, OSHA’s regional administrator in Seattle. “When properly implemented, PSM programs help ensure that operations involving hazardous chemicals are performed in a safe manner.”
OSHA conducted an inspection under its Chemical Industry National Emphasis Program at the AmeriCold Logistics Nampa facility and found seven alleged serious, four alleged repeat violations and one other-than-serious violation carrying a total of $153,000 in proposed penalties.
The serious violations involve worker exposure to hazards due to: failure to protect ammonia piping from forklift impact; failure to locate discharge pipes in a safe location; failure to implement recommendations from the process hazard team; failure to replace pressure relief valves as recommended; failure to design the PSM covered system; unguarded exposed parts of horizontal shafting and lack of an adequate respirator for employees. Serious citations are issued when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
The repeat violations include unguarded open sided floors or platforms; a lack of piping and instrument diagrams for equipment in safety information; a lack of written procedures to maintain equipment and of inspection and testing of equipment and wiring methods; and equipment and installations of equipment in hazardous locations that are not safe or approved for such areas. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.
The other-than-serious violation involves unguarded stairway floor openings.
Penalties total $153,000. AmeriCold Logistics LLC has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Boise, Idaho, or contest the findings before the independent Occupational Safety and Health Review Commission.
OREGON, Ohio — The U.S. Department of Labor’s Occupational Safety and Health Administration has cited BP North American Inc. and BP-Husky Refining LLC’s refinery in Oregon, Ohio, with 42 alleged willful violations, including 39 on a per-instance basis, and 20 alleged serious violations for exposing workers to a variety of hazards including failure to provide adequate pressure relief for process units. Proposed penalties total $3,042,000.
“OSHA has found that BP often ignored or severely delayed fixing known hazards in its refineries,” said Secretary of Labor Hilda L. Solis. “There is no excuse for taking chances with people’s lives. BP must fix the hazards now.”
OSHA began its inspection at the refinery located near Toledo, Ohio, in September 2009 as part of the agency’s Refinery National Emphasis Program and as a follow-up to a 2006 inspection and a 2007 settlement agreement between OSHA and BP at this location. Although the 2009 inspection found that BP had complied with the settlement agreement, OSHA found numerous violations at the plant not previously covered by the agreement.
The inspection revealed that workers were exposed to serious injury and death in the event of a release of flammable and explosive materials in the refinery because of numerous conditions constituting violations of OSHA’s process safety management standard. OSHA has issued willful citations for numerous failures to provide adequate pressure relief for process units, failures to provide safeguards to prevent the hazardous accumulation of fuel in process heaters, and exposing workers to injury and death from collapse of or damage, in the event of a fire, to nine buildings in the refinery. Additional willful citations allege various other violations of OSHA’s standard addressing process safety management. These citations carry proposed penalties totaling $2,940,000.
The serious citations address a variety of other hazards, including violations of other requirements of the process safety management standard. These carry proposed penalties totaling $102,000.
Since 1991, this refinery has been inspected 12 times. Nationally, BP Products North American has been inspected by OSHA 44 times at various sites and is facing pending cases in which 439 willful citations and failure-to-abate notices were issued to its Texas City Refinery as a result of a 2009 inspection. Proposed penalties in those pending cases total $87 million, the largest penalties by far ever proposed by OSHA. BP’s Texas City Refinery experienced a devastating explosion and fire in 2005 that killed 15 workers and injured 170. A large portion of the penalties proposed for the Texas City Refinery results from OSHA’s allegations that BP failed to fully live up to a settlement agreement entered into after the explosion. BP has contested the citations, notifications of failure-to-abate and the proposed penalties in those cases.
BP North American Inc. operates and jointly owns the refinery with Canadian-based Husky Energy Inc. The company has 15 business days from receipt of the citations to comply, request an information conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.
Toledo Refinery Citations and Proposed Penalties
Forty-two willful citations with proposed penalties totaling $2,940,000 are proposed as follows:
1. Thirty-eight (38) per-instance, willful citations with penalties totaling $2,660,000 allege as follows:
a. Twenty-six instances allege deficient pressure relief, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(j)(5), with total penalties of $1,820,000;
b. Three instances allege the lack of flame-out protection on heaters and a furnace, a violation of 29 CFR 1910.119(d)(3), with total penalties of $210,000; and
c. Nine instances allege facility-siting hazards, a violation of 29 CFR 1910.119(e)(5), with total penalties of $630,000.
2. Four willful citations with penalties totaling $280,000, allege as follows:
a. Lack of pressure vessel information, a violation of 29 CFR 1910.119(d)(3), with a penalty of $70,000;
b. Cross-connections between fire-emergency water supplies and process systems, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(e)(5), with a penalty of $70,000;
c. Failure to conduct thickness measurements at designated test sites and as required at the flare header, a violation of 29 CFR 1910.119(j)(4)(ii), with a penalty of $70,000; and
d. Failure to conduct thickness measurements in accordance with RAGAGEP, a violation of 29 CFR 1910.119(j)(4)(iii), with a penalty of $70,000.
Twenty serious citations with total penalties of $102,000 allege the following failures: to support pipes properly; to maintain heat transfer information for refractory-lined vessels; to assure the accuracy of P&IDs, the maintenance of pressure vessel nameplates, and proper documentation of pressure relief design information; to document implementation of the vessel grounding program; to assure that car-sealing practices were used for intervening valves; to password protect safety instrumented systems; to assure that PHAs addressed combustion safeguards, pressure relief, and human factors, and reflected updated layer of protection analysis and safety integrity levels; to establish and to implement a written program for refinery valve car-seal procedures; to consult employees on the frequency of refresher training; to implement procedures for operating limits changes and other matters; to investigate contamination of the fire-water system; to include contributing factors and recommendations in accident investigation reports; to audit a statistically significant number of pressure vessels, piping and instrument controls during compliance audits; to assure that LOTO procedures were implemented during burner maintenance; to assure that LOTO devices were applied during service and maintenance; and to assure that electric lighting equipment was appropriate for hazardous atmosphere classifications.
Federal OSHA has cited CITGO Refining and Chemicals LP in Corpus Christi Texas for workplace safety violations resulting from a catastrophic release of hydrocarbon and hydrofluoric acid from the alkylation unit at this facility. Proposed penalties total $236,500.
“CITGO did not ensure adequate maintenance and oversight of its process safety equipment, exposing workers to the release of toxic chemicals and posing a danger to not only the company’s employees but to the community, as well,” said Dean McDaniel, OSHA’s regional administrator in Dallas, Texas.
OSHA has alleged two willful, 15 serious and one repeat violation following an investigation that began July 20, 2009. The willful violations include failing to adequately repair and maintain process equipment, and to update changes in operating procedures. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health.
Serious violations include failing to maintain floor holes to prevent employees from tripping, to properly label electrical equipment, to prevent exposure to electrical parts, to update piping and instrumentation diagrams, and to address process hazard analysis deficiencies. A serious violation is one that could cause death or physical harm that can result from a hazard an employer knew or should have known exists.
The repeat violation addresses failing to train workers regarding modified procedures. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states within the last three years.
OSHA issued CES Environmental Services Inc. 15 willful and 54 serious citations after an investigation into a fatal explosion at the company’s Griggs Road facility in Houston Texas. Proposed penalties total $1,477,500.In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer’s facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.
“Proper precaution prevents deaths,” said Secretary of Labor Hilda L. Solis. “Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law.”
Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.
In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.
OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers.
US Department of Labor’s OSHA issues final rule, revises acetylene standard
WASHINGTON - The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has revised its acetylene standard. A final rule replaces references to outdated industry standards with updated references reflecting current industry practices.
“This final rule incorporates current technology that enhances OSHA’s acetylene standard for improving industry work practices and providing safer workplaces,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “It exemplifies our mission of providing strong and effective regulations that protect the safety and health of working men and women.”
The revised standard requires that in-plant transfer, handling, storage and use of acetylene cylinders comply with Compressed Gas Association Pamphlet G-1-2003, titled Acetylene. The revised standard also updates references for the provisions addressing piping systems, as well as acetylene generators and filling acetylene cylinders.
Acetylene is a colorless gas that can become explosive if liquefied, heated, compressed or mixed with air. It is commonly used in certain plastics and as fuel for welding and metal cutting.
OSHA moving forward with advanced notice of proposed rule making for new combustible dust standard.
As indicated for the past several months OSHA has publish an advance notice of proposed rulemaking (ANPR) in the Oct. 21 edition of the Federal Register.  This is the initial step in the development of a full blown standard to address the hazards of combustible dust.
This has been a hot button issue for both the U.S. Secretary of Labor Hilda L. Solis and the acting OSHA Chief Jordan Barab. There is also strong support for a combustible dust standard coming from the U.S. Chemical Safety Board. In 2006 and again in 2008 during a congressional hearing the board said a new standard, combined with enforcement and education, could save workers’ lives.
“Last year, 14 workers lost their lives in a combustible dust explosion at Imperial Sugar in Port Wentworth, Ga. Since 1980, more than 130 workers have been killed and more than 780 injured in combustible dust explosions,” added acting Assistant Secretary of Labor for OSHA Jordan Barab.
OSHA has been conducting a Combustible Dust National Emphasis Program (NEP) since October 2007; a very in-depth status report is available on OSHA’s Combustible Dust Safety and Health Topics page. However OSHA doesn’t feel the NEP is enough. They feel there is a need for a comprehensive standard.
Combustible dusts are solids ground into fine particles, fibers, chips, chunks or flakes that can cause a fire or explosion when suspended in air under certain conditions. Types of dust likely to combust include metal (aluminum and magnesium), wood, plastic or rubber, coal, flour, sugar and paper.
The public has 90 days to comment on the proposed ANPR. The agency also will conduct stakeholder meetings and will analyze all information and comments received from the public in developing a proposed rule on combustible dust. Expect this standard to continue to be a high priority for the current administration.
Earlier this week OSHA today announced it has issued $87,430,000 in proposed penalties to BP Products North America Inc. for the company’s failure to correct potential hazards faced by employees.
The fine is the largest in OSHA’s history. The prior largest total penalty, $21 million, was issued in 2005, also against BP.
Safety violations at BP’s Texas City, Texas, refinery resulted in a massive explosion — with 15 deaths and 170 people injured – in March of 2005. BP entered into a settlement agreement with OSHA in September of that year, under which the company agreed to corrective actions to eliminate potential hazards similar to those that caused the 2005 tragedy.
Today’s announcement comes at the conclusion of a six-month inspection by OSHA, designed to evaluate the extent to which BP has complied with its obligations under the 2005 agreement and OSHA standards.
“When BP signed the OSHA settlement from the March 2005 explosion, it agreed to take comprehensive action to protect employees. Instead of living up to that commitment, BP has allowed hundreds of potential hazards to continue unabated,” said Secretary of Labor Hilda L. Solis. “Fifteen people lost their lives as a result of the 2005 tragedy, and 170 others were injured. An $87 million fine won’t restore those lives, but we can’t let this happen again. Workplace safety is more than a slogan. It’s the law. The U.S. Department of Labor will not tolerate the preventable exposure of workers to hazardous conditions.”
For noncompliance with the terms of the settlement agreement, the BP Texas City Refinery has been issued 270 “notifications of failure to abate” with fines totaling $56.7 million. Each notification represents a penalty of $7,000 times 30 days, the period that the conditions have remained unabated. OSHA also identified 439 new willful violations for failures to follow industry-accepted controls on the pressure relief safety systems and other process safety management violations with penalties totaling $30.7 million.
“BP was given four years to correct the safety issues identified pursuant to the settlement agreement, yet OSHA has found hundreds of violations of the agreement and hundreds of new violations. BP still has a great deal of work to do to assure the safety and health of the employees who work at this refinery,” said acting Assistant Secretary of Labor for OSHA Jordan Barab.
The BP Texas City Refinery is the third largest refinery in the United States with a refining capacity of 475,000 barrels of crude per day. It is located on a 1,200-acre facility in Texas City, southeast of Houston in Galveston County.
A willful violation exists where an employer has knowledge of a violation and demonstrates either an intentional disregard for the requirements of the Occupational Safety and Health (OSH) Act of 1970, or shows plain indifference to employee safety and health. A penalty of up to $70,000 may be assessed for each willful violation.
A notification of failure to abate can be issued if an employer fails to correct a cited condition and the citation is a final order of the Occupational Safety and Health Review Commission. A penalty of up to $7,000 may be assessed for each day that the violation remains uncorrected.
Under the OSH Act, OSHA’s role is to promote safe and healthful working conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit:
OSHA adds another $64,000 for total of $109,000 in fines against Veolia ES Technical Solutions, West Carrollton, Ohio
OSHA has concluded the second of two investigations into a May 3 explosion at Veolia ES Technical Solutions in West Carrollton and has issued an additional $64,000 in fines against the chemical processing company, bringing the total fines to $109,000.
The $64,000 in proposed penalties are based on 16 serious violations of OSHA’s process safety management regulation. OSHA’s first inspection, focusing on other workplace health issues at the facility, resulted in $45,000 in fines issued on Oct. 22. That inspection found 11 serious violations.
OSHA initiated two inspections at this facility after powerful explosions occurred shortly before midnight on May 3. The explosions were the result of a large cloud of flammable and solvent vapor ignited by boilers at the worksite. Two employees were seriously injured in the blasts and several onsite buildings were destroyed. Veolia ES Technical Solutions distills and purifies contaminated organic solvent solutions at the West Carrollton facility.
This second set of serious citations allege that the company failed to conduct compliance audits every three years to ensure that policies and procedures were in place for the handling of flammable liquids. They also relate to worker training deficiencies, inadequate testing and inspections of piping and processes, a lack of written standards for operating procedures, maintaining mechanical integrity of equipment and other items involving process safety.
“The May 3 explosion underscores how vital it is that employers keep continuous watch on the handling of dangerous chemicals throughout the process,” said OSHA Area Director Richard Gilgrist. “It is also critical that employees are thoroughly trained and familiar with these processes.”
The Dodge Co. Inc. cited for 41 safety and health hazards. Formaldehyde and other hazards lead to $138,000 in U.S. Labor Department OSHA fines for embalming fluid manufacturer.
OSHA has cited The Dodge Co. Inc. for 41 alleged violations of workplace safety and health standards at its Cambridge, Mass., production plant. The embalming fluid manufacturer faces $138,000 in fines for inadequate safeguards involving formaldehyde stored and used in manufacturing processes at the plant as well as for various chemical, mechanical, and electrical hazards. These were identified during comprehensive OSHA inspections conducted over the past several months.
OSHA found that the plant lacked a process safety management (PSM) program. They also discovered that the plants procedures to proactively assess and address hazards associated with processes and equipment using large amounts of formaldehyde. It was also noted that the plant also lacked controls and other safeguards to reduce the levels of formaldehyde to which some workers were overexposed.
OSHA also identified numerous deficiencies in the plant’s respiratory protection, emergency response, hazardous energy control, chemical hygiene and chemical hazard communication programs as well as electrical hazards, unguarded moving machine parts, untrained forklift operators, failure to maintain work floors in a clean condition, and the use of unapproved forklifts where flammables are used.
“Workers’ exposure to excess formaldehyde levels can impact their health, while the other conditions cited here pose more acute safety hazards,” said Paul Mangiafico, OSHA’s area director for Middlesex and Essex counties. “All of these hazards must be effectively corrected for the safety and health of the plant’s workers.”
As a result, OSHA has issued the company 38 serious citations for these hazards plus, four other-than-serious citations for incomplete and inadequate recordkeeping. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.
Detailed information about process safety management and formaldehyde is available online at:
The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.
Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit:
OSHA has cited M.S. Walker Inc. for 26 alleged willful, serious and other-than-serious violations of safety and health standards at its Somerville, Mass., facility. The blender and distributor of alcoholic beverages faces a total of $147,600 in proposed penalties.
“The most serious hazard found here was the lack of adequate ventilation for the plant’s rectifying room in which large quantities of flammable ethyl alcohol were blended,” said Paul Mangiafico, OSHA’s area director for Middlesex and Essex counties. “Inadequate ventilation can allow a buildup of flammable vapors, resulting in a fire or explosion.”
Other fire-related hazards identified during OSHA’s inspection included alcohol blending tanks that were improperly vented, uncovered or improperly covered; improperly tested tanks and piping used to store or process flammable liquids; improper control of ignition sources; using open buckets to catch leaking ethanol; inadequate or unmarked exit routes; and an inadequate fire-suppression system.
Also identified during the inspection were a lack of procedures and employee training to prevent the startup of machinery during maintenance; respirator deficiencies, including the lack of a written respirator program; lack of an emergency response program and employee training for chemical spills; untrained forklift operators and uninspected forklifts; lack of hazard communication training; and various electrical hazards.
As a result, OSHA has issued M.S. Walker Inc. one willful citation, with a proposed fine of $63,000, for the inadequate ventilation, and 24 serious citations, with $83,700 in fines for the remaining items. The company also has been issued one other-than-serious citation with a $900 fine for not keeping separate OSHA illness-and-injury logs for each company workplace.
As indicated for the past several months OSHA has publish an 