The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Northeast Energy Management Inc. in Indiana, Pa., and Huntley & Huntley Inc. in Monroeville, Pa., for workplace safety violations following an explosion at the Huntley-owned Murry Heirs #6 well site in Cheswick that caused the death of two workers.

OSHA began its investigation in July 2010 after being notified that a tank containing flammable materials had exploded and two Northeast Energy welders were killed. Huntley & Huntley contracted Northeast Energy to repair a leaking barrel tank at the well site and was responsible for ensuring that Northeast Energy properly trained its workers on safe welding procedures.

“These companies did not ensure that proper welding procedures were followed, resulting in this tragic loss of life,” said Robert Szymanski, director of OSHA’s area office in Pittsburgh, Pa. “OSHA remains committed to holding employers legally responsible when they fail to adhere to federal law and compromise the safety of workers.”

As a result of the investigation, Northeast Energy was cited for two willful violations involving failure to ensure workers were welding on a thoroughly cleaned tank that did not contain flammable materials which might produce a flammable or toxic vapor when subjected to heat, and determine whether flammable/combustible or other hazardous materials were present. Huntley & Huntley also received a citation for one willful violation for failing to ensure Northeast Energy suitably trained welders and supervisors in the safe operation of welding equipment and the safe use of the welding process. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

Northeast Energy also was cited for serious violations for failing to provide workers with flame retardant clothing protection during welding operations, ensure that supervision determined the welder secured approval prior to commence welding operations and train employees in the specific procedures needed to protect themselves from hazardous chemicals. OSHA issues a serious citation 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.
Northeast Energy is involved in drill site preparation and reclamation. The company was assessed a penalty of $159,390. Huntley & Huntley develops oil and gas wells and has more than 350 gas wells in western Pennsylvania. The company was assessed a penalty of $70,000.

If your company primarily engages in the manufacturing, fabricating, or forging of metal products, you may be subject to additional EPA requirements that go into effect for existing facilities on July 25, 2011.  Companies should examine their processes if they use or process metal materials which contain cadmium, chromium, lead, or nickel equal to or in excess of 0.1% by weight of the metal.  Metal materials containing manganese greater than or equal to 1.0% by weight of the metal are also subject to the requirements. 

If you use materials that contain or have the potential to emit any of the above substances, you may be subject to the requirements.  These materials are referred to in the standard as Metal Fabrication (or Finishing) Hazardous Air Pollutants (MFHAP). The manufacturer’s or supplier’s Material Safety Data Sheets should be used to determine the formulation. 

The standard applies to activities such as dry abrasive blasting, dry grinding and polishing, machining, and welding.  Spray painting using paints that contain the above mentioned metals is also subject to this standard.  Each of these activities has specific compliance components.  Dry abrasive blasting operations will have to take steps to control and capture dust.  Operating machining, dry grinding, and dry polishing will require steps to minimize dust.  Spray painting requirements for capturing contaminants and maintaining equipment are detailed.

Operations which perform welding may be the most affected.  Companies who use 2000 pounds or more of welding rod containing one or more MFHAP calculated on a twelve month basis are subject to the standard.  Requirements include implementing one or more management practices to minimize emissions of MFHAP, following manufacturer’s instructions, and monitoring and reporting requirements.  Some of these requirements include an initial notification, annual certification, and compliance reports.  Companies are subject to additional requirements if unacceptable levels of emissions are discovered. 

These requirements do not apply to facility maintenance, tool / equipment repair operations, or quality control operations. 

Click on the link for the full version of the 40 CFR Part 63 Subpart XXXXXX standard to find out additional details.

Release Number: 09-1421-NAT
Nov. 16, 2009
Contact: Diana Petterson
Phone: 202-693-1898

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.

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How long can you store your oxygen and acetylene cylinders on a welding cart or “special truck” before you must disconnect them from the regulator, cap, secure, and store according to OSHA requirements? 

Do the requirements differ if you are at a construction site versus general industry? 

The General Industry and Construction Standards only specify the requirements for storage and use, but not how long it sits idle before it’s considered in “storage”.  Twenty-four hours of inactivity is the answer that I frequently hear.  But is this assumption correct? 

What about the wear and tear on the regulator and tank threads by removing them from tanks so frequently?  Doesn’t this create a greater hazard?  What about the hazard of transporting the tanks so frequently?  Moving these cylinders is a hazard in itself? 

OSHA has issued several Standard Interpretations related to this subject under 1910.253 General Industry and 1926.350 Construction.  In the Construction Standard, OHSA has interpreted that cylinders must be placed into storage when it is reasonably anticipated that gas will not be drawn from the cylinder within 24 hours.  In General Industry however, the frequency at which the cylinders are used is not the main consideration for determining storage versus use.  The language of the General Industry standard requires using the storage regulations when the cylinders are not in use or connected to use.  OSHA attempts to “harmonize” the two requirements by stating that failure to comply with the storage requirements under either the General Industry or Construction Standard would be considered de minimis regardless of the period of time in which the cylinders are on the cart if the following parameters are met:

1. No more than a single acetylene cylinder and a single oxygen cylinder are on a cylinder cart. The cylinder cart must be specifically designed to hold/carry oxygen and acetylene cylinders in the upright position. The cylinders must be securely held to the cart (such as by straps, chains or other securing device).
2. The cart is on a firm, level surface.
3. The cart is not in an area where there is a reasonably foreseeable risk of being struck by vehicles, equipment, or materials (such as in a pathway for vehicles on a construction site).
4. Both cylinders either have valves closed with protection caps on or are connected to a properly functioning regulator.

For more information guidelines on this subject refer to the 1926.350 and 1910.253 standards and the Standard Interpretations below.

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25356

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=22674

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=25371

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=21261