Release Number: 09-0648-NAT
June 10, 2009
Contact: Diana Petterson
Phone: (202) 693-1898

U.S. Labor Department’s OSHA issues letters to oil refineries stressing compliance with process safety management standard

WASHINGTON - Oil refineries nationwide have received letters from the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) emphasizing the need to comply with all applicable OSHA standards, particularly the Process Safety Management of Highly Hazardous Chemicals (HHCs).

Letters recently were sent to the management of more than 100 oil refineries providing them with data on compliance issues found under OSHA’s Refinery National Emphasis Program (NEP) and urging the refiners to comply with their obligations under the process safety management (PSM) standard. The standard requires employers to develop and incorporate comprehensive, site-specific safety management systems to reduce the risks of fatal or catastrophic incidents. To assist in compliance efforts, OSHA recommends that employers review the information at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=3589 or contact their local OSHA offices.

“We initiated this NEP to ensure that refineries develop and fully implement a safety management system that protects workers from serious incidents,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “Our inspection teams were repeatedly seeing the same problems at the refineries. We found it necessary to remind employers of the importance of compliance with OSHA standards that are designed to save workers’ lives.”

One of the worst oil refinery disasters in history happened in 2005 at the BP Texas City, Texas, refinery where 15 workers died and 170 workers were injured in an explosion and fire. Another incident at a refinery in New Mexico caused injury to six workers when a release of HHCs occurred during pump maintenance.

During the first year of the NEP, OSHA inspectors issued nearly 350 PSM citations to 14 refineries. Some of the citations issued involved employers who failed to address their own process safety findings and recommendations, and failed to establish maintenance procedures for equipment such as pressure vessels and emergency shutdown systems.

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 http://www.osha.gov.

OSHA has cited Hess Corp. for workplace safety and health violations with proposed fines totaling $141,500.

OSHA initiated the investigation as part of its National Emphasis Program focused on petroleum refinery process safety management. As a result of the investigation, the company has been issued 31 serious violations and one other-than-serious violation.

“OSHA’s process safety management regulations are designed to reduce or eliminate workplace hazards associated with the catastrophic release of highly hazardous chemicals,” said Patricia Jones, director of OSHA’s area office in Avenel, N.J. “If not corrected, these violations could compromise the safety and health of Hess employees.

“The serious violations include the company’s failure to properly document process safety information, conduct a proper process hazard analysis, evaluate contractor safety and health programs, properly train employees, conduct maintenance on critical instruments, update operating procedures, regularly conduct incident investigations, resolve incident investigation findings in a timely manner, properly install metal stairs, maintain ladders in a safe condition, support piping systems, and protect against physical damage and excessive stresses.

OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard. The Port Reading oil refinery, which employs about 130 workers, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.



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OSHA has cited ConocoPhillips Co. Trainer, PA facility for safety and health violations, proposing $116,500 in penalties. The Trainer petroleum refinery has 425 employees.

OSHA initiated its investigation on June 19, 2008, as part of a National Emphasis Program focus on petroleum refinery process safety management. As a result, the company has been issued 26 serious violations, with a penalty of $91,500, and one repeat violation, with a penalty of $25,000.

The repeat violation is due to the company’s failure to review operating procedures as often as necessary.

The serious violations include the company’s failure to provide the appropriate devices for material storage; to properly document its use of equipment; to establish a system to promptly address hazard analysis findings; to address the hazard of explosion in occupied buildings; to address human factors; to develop and implement operating procedures; to provide appropriate training; to confirm all requirements of pre-startup safety review were in place; to follow management of change procedures; and to correct deficiencies that were outside of acceptable limits. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

“Each of these violations could lead to serious injury and possible death,” says Al D’Imperio. “It is imperative that ConocoPhillips abate these hazards to ensure a safe and healthy work environment for employees.”

OSHA proposes more than $357,000 in penalties against Hunt Refining Co. for 61 safety violations at two facilities in Sandersville, Miss., and Tuscaloosa, Ala.OSHA is proposing $357,750 in penalties for three willful and 58 serious safety violations found at Hunt Refining Co.’s Sandersville, Miss., and Tuscaloosa, Ala., oil refineries.OSHA is proposing $216,900 in penalties for two willful and 35 serious safety citations at the Sandersville plant. The willful citations were issued for management’s failure to recognize and evaluate fire and explosion hazards from electrical equipment in the process area and failure to address hazards to employees situated in a control room in close proximity to process equipment. Serious safety issues include numerous violations of process safety management standards, lack of safety training for employees, and employee exposure to electrical and fall hazards.

“It is inexcusable for employees to be situated next to the process operation and have them use equipment that could serve as an ignition source for an explosion,” said Clyde Payne, director of OSHA’s Jackson Area Office.

The Tuscaloosa facility received one willful and 23 serious safety citations with penalties totaling $140,850. The willful violation addresses hazards associated with Hunt Refining Co.’s failure to inspect and test process vessels, which could lead to equipment being unable to contain hazardous chemicals. Serious violations include excessive dust accumulation, employee exposure to electrical hazards and 16 violations of process safety management standards.

“By not performing needed tests, management is gambling with employees’ safety by operating equipment that may fail and result in a fire or explosion,” said Roberto Sanchez, OSHA’s area director in Birmingham, Ala.