US Labor Department’s OSHA cites 50 safety violations, proposes $917,000 in fines against Bostik Inc. following Middleton, Massachusetts explosion.

Federal OSHA has cited Bostik Inc. for 50 alleged violations of workplace safety standards following a March 13 explosion at the company’s Middleton plant in which four workers were injured. The adhesives manufacturer faces a total of $917,000 in proposed fines.

According to OSHA their inspection identified several serious deficiencies in the company’s process safety management program.. In this case, the chemical was acetone, used in a PSM-covered process known as direct solvation. On the day of the explosion, a valve on a transfer line inadvertently was left open, resulting in the release of flammable acetone vapors. The vapors exploded after being ignited by an undetermined source.

“The requirements of OSHA’s PSM standard are stringent and comprehensive because the stakes are so high,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Failure to evaluate, anticipate, address and prevent hazardous conditions associated with a process can result in a catastrophic incident such as an explosion.”

“In this case, Bostik knew from prior third party and internal compliance audits conducted at the plant that aspects of its PSM program were incomplete or inadequate, and misclassified electrical equipment was in use. The company did not take adequate steps to address those conditions,” said Jeffrey A. Erskine, OSHA’s area director for northeastern Massachusetts. “Luckily, the explosion happened when there were few workers in the plant. Otherwise, this incident could have resulted in a catastrophic loss of life.”

Specifically, OSHA found that the process safety information for the solvation process was incomplete. The employer’s analysis of hazards related to the process did not address previous incidents with a potential for catastrophic results, such as forklifts that struck process equipment, and did not address human factors such as operator error, communication between shift changes and employee fatigue from excessive overtime. In addition, the company did not ensure that a forklift and electrical equipment, such as a light fixture, switches and a motor, were approved for use in Class 1 hazardous locations where flammable gases or vapors are present.

As a result, OSHA has issued Bostik nine willful citations, with $630,000 in proposed fines, for these conditions. There were an additional 41 serious citations issued, with $287,000 in fines, for a range of other conditions, including an incomplete and deficient emergency response plan, inadequate training for employees required to fight fires, obstructed exit access and electrical hazards, and additional PSM deficiencies.

The Bostik Inc. citations are available at http://www.osha.gov/ooc/citations/Bostik_Inc_315298281.pdf  and http://www.osha.gov/ooc/citations/Bostik_Inc_315298307.pdf

Calumet Lubricants Company hit with $207,500 in fines for exposing workers to potential fires and explosions

OSHA has cited Calumet Lubricants Co. LP in Cotton Valley, a subsidiary of Indianapolis, Ind.-based Calumet Specialty Products Partners LP, with 45 alleged serious and 13 other-than-serious violations for exposing workers to possible fires, explosions and other hazards. The inspection is part of OSHA’s Petroleum Refinery Process Safety Management National Emphasis Program. Proposed penalties total $207,500.

The PSM standard emphasizes the management of hazards associated with highly hazardous chemicals and establishes a comprehensive management program that integrates technologies, procedures and management practices.

“This is not the first time a Calumet facility has jeopardized the safety of its workers by failing to manage hazards associated with highly hazardous chemicals,” said Dorinda Folse, OSHA’s area director in Baton Rouge. “Regardless of the industry, there is a potential for an accidental release any time hazardous chemicals are not properly controlled.”

OSHA’s Baton Rouge Area Office began its inspection Sept. 15, 2010, at the company’s facility on Old Highway 7. Serious violations include failing to conduct adequate inspections and testing of piping and pressure vessels; ensure that employees in process and administrative buildings were provided adequate protection in case of an explosion; implement written operating procedures; resolve recommended actions resulting from compliance audits; provide an adequate confined space program; and provide an adequate lockout/tagout program for the control of hazardous energy. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Other-than-serious violations include failing to provide the required machine guarding and correct electrical hazards. An other-than-serious violation is one that has a direct relationship to job safety and health but probably would not cause death or serious physical harm.

In 2004, Calumet Lubricants Co. was cited for other-than-serious violations totaling $8,500. Calumet Shreveport Lubricant & Waxes in Shreveport, another Calumet Specialty Products Partners subsidiary, was cited in 2007 for willful, serious and repeat violations totaling $122,400, and again in February 2010 for serious and repeat violations totaling $173,000. Calumet Specialty Products Partners and its subsidiaries employ about 600 workers at six refineries within northwest Louisiana, Texas, Pennsylvania and Illinois.

OSHA has cited CTI-SSI Food Services LLC of Wilder, Idaho, with 15 serious, one repeat and one other-than-serious violation after an inspection of its facility identified a potential release of anhydrous ammonia and other workplace hazards. Proposed penalties total $132,000.

OSHA’s area office in Boise began an investigation last year as part of a national emphasis program on chemical facilities.

“This employer disregarded industry-recognized hazards and exposed workers to the threat of serious injury or death associated with the potential release of anhydrous ammonia,” said Dean Ikeda, OSHA’s regional administrator in Seattle. “Additionally, OSHA identified serious electrical, lockout/tagout and fall hazards.”

The serious violations involve inadequate process safety management, failing to provide fall protection and failing to provide electrical guarding protection. In addition, the employer did not require use of locking devices to make equipment safe during maintenance procedures. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

A repeat citation was issued due to the lack of an employee alarm system that was audible or recognizable over other workplace noise. The company was cited for the same violation on March 7, 2008. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Finally, the company was issued one other-than-serious citation for failing to monitor airborne chromium exposure. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

CTI-SSI Food Services LLC, which provides cooked and uncooked meat for the fast food industry, has 15 business days from receipt of the citations to contest these findings before the independent Occupational Safety and Health Review Commission.

OSHA has hit MillerCoors LLC of Golden, Colo., with 10 alleged serious violations of OSHA standards following the July 2010 release in excess of 2000 pounds of anhydrous ammonia at its Golden brewery. Proposed fines total $63,500.

OSHA’s investigation found that two employees working on the ammonia system narrowly escaped serious injury when an uncontrolled release occurred during maintenance operations. Anhydrous ammonia is severely corrosive to skin, eyes and the respiratory system.

“Employers must be diligent in ensuring that employees and the public are not unwittingly exposed to serious hazards caused by inadequate maintenance of systems controlling highly hazardous chemicals,” said John Healy, OSHA’s area office director in Englewood, Colo. “There is no acceptable reason for any employer to require employees to work around such a dangerous chemical without first ensuring they can do so without compromising their safety and health.”

The serious citations address failing to follow accepted preventive maintenance procedures required under OSHA’s process safety management standard, failing to develop and implement proper lockout/tagout procedures for energy sources, and deficiencies in the emergency eyewash and respirator programs. An OSHA violation is serious when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The Occupational Safety and Health Administration has cited the hazardous waste management processor, WRR Environmental Services Co., for failing to implement measures to prevent potentially catastrophic chemical fires and explosions at its facility in Eau Claire, WI. OSHA has issued 14 willful and one serious citation to the company with proposed penalties of $787,000 for failing to fully develop and implement a process safety management program at the facility. This action stems from the agency’s investigation of a June 29 explosion and fire at the facility.

“WRR Environmental Services put its workers in grave danger, and it is truly fortunate that no one was killed or severely injured in these incidents. The company’s blatant disregard for workers’ health and safety is not acceptable,” said Secretary of Labor Hilda L. Solis.

“Even after WRR Environmental Services experienced a devastating fire that destroyed the facility in 2007, the company still failed to implement an adequate program to ensure safe operating conditions,” added Assistant Secretary of Labor for OSHA Dr. David Michaels.

The June 29 explosion and fire was likely caused when an ignition source within a solvent sludge feed tank ignited flammable solvent vapors, blowing the roof off of the tank and igniting its contents. A neighboring tank also exploded. Employees had been working in the area of the solvent sludge feed tank immediately prior to the explosion. Fortunately, there were no reported injuries.

OSHA has issued WRR Environmental Services Co. Inc. 14 willful citations with proposed fines of $784,000. The citations allege an intentional disregard of the elements of the PSM standard, including failure to implement and provide required process safety information such as engineering drawings and materials of construction; failure to implement process hazard analyses, operating procedures and training; failure to perform pre-startup safety reviews and inspections and tests on process equipment; equipment deficiencies; failure to implement change management procedures; and failure to conduct incident investigations. A willful violation is one committed with intentional knowing or voluntary disregard for the law’s requirements, or with plain indifference to worker safety and health.

WRR Environmental Services Co. Inc., which currently employs more than 50 workers, has been inspected by OSHA five times since 1991. In 2007, a fire and explosion destroyed most of the facility including the solvent sludge recycling processes. As a result of those inspections, the company admitted to 30 serious and four other-than-serious safety violations.

As a result of OSHA’s most recent inspection, the company also has received one serious citation with proposed penalties of $3,000 for alleged deficiencies in its emergency action plan. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

This investigation falls under the requirements of OSHA’s Severe Violators Enforcement Program. Initiated in the spring of 2010, SVEP is intended to focus on recalcitrant employers who endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, go to http://www.osha.gov/dep/svep-directive.pdf.

OSHA has issued notices of unsafe and unhealthful working conditions to the U.S. Army Garrison, Directorate of Public Works, in Fort Riley, Kan., for one willful and 18 serious violations.

OSHA’s inspection was initiated in March under its Process Safety Management Covered Chemical Facilities National Emphasis Program, which focuses on preventing the release of any substance defined as a highly hazardous chemical.

“Workers at the water treatment plant were routinely exposed to hazards that involved a potentially catastrophic release of chlorine,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Mo. “It is imperative that this employer take the necessary steps to eliminate hazards from the workplace.”

The willful violation addresses hazards associated with the routine use of 5-minute emergency escape breathing apparatus instead of self-contained breathing apparatus or supplied air respirators while operators changed chlorine cylinders. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations address hazards associated with process safety management, including a lack of process safety information, inadequate operating procedures, a lack of operator training, a lack of contractor evaluation, inadequate mechanical integrity procedures, a lack of management of change documentation and a lack of compliance audit findings. Additional serious violations include a lack of a medical evaluation for respiratory protection and a lack of an eye/shower station in the chlorine building. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

Under Executive Order 12196, federal agencies must comply with the same safety standards as private sector employers covered under the Occupational Safety and Health Act. The federal agency equivalent to a private sector citation is the notice of unsafe and unhealthful working conditions, commonly called “the notice.” The OSHA notice is used to inform establishment officials of violations of OSHA standards, alternate standards and 29 Code of Federal Regulations-citable program elements. OSHA cannot propose monetary penalties against another federal agency for failure to comply with OSHA standards.

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.

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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.

See related Articles:
http://www.chron.com/disp/story.mpl/hotstories/6798145.html

http://ohsonline.com/articles/2010/01/04/osha-sends-message-with-filing.aspx?admgarea=news
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