OSHA issues $281K, and EPA issues $1.1M in citations resulting in a NH3 Refrigeration Fatality

U.S. EPA has reached a settlement with a food processing plant and its cold storage warehouse, under which the company paid a $1.1 million civil penalty. The company violated federal Clean Air Act (CAA) chemical safety requirements. These violations involve the safe handling of anhydrous ammonia, a hazardous chemical used for cooling and refrigeration. This enforcement action follows a chemical release at the food processing facility on December 19, 2022. While contractors were working near refrigeration machinery, anhydrous ammonia was accidentally released, resulting in one contractor being killed and another badly injured. EPA inspected the facilities and reviewed the company’s risk management program, finding that the company had not met several of the CAA’s accident prevention requirements.

EPA also found that the company did not quickly report the December 2022 release and another ammonia release in 2024 to the proper federal officials. Since the accident, the company has made significant safety improvements at both facilities.

OSHA originally issued 22 citations for PSM, EAP, HAZWOPER, First Aid, and Employee Alarm Systems totaling $281K (but reduced to $104K.

Violations/PenaltiesSeriousWillfulRepeatOtherUnclassTotal
Initial Violations21122
Current Violations718
Initial Penalty$279,702$0$0$1,378$0$281,080
Current Penalty$93,353$0$0$11,378$0$104,731
FTA Penalty$0$0$0$0$0$0
#Citation IDCitaton TypeStandard CitedIssuance DateAbatement Due DateCurrent PenaltyInitial PenaltyFTA PenaltyContestLatest EventNote
1.01001Serious19100119 C0206/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
2.01002Serious19100119 D03 II06/16/202308/08/2023$0$15,625$007/10/2023F – Formal SettlementCitation has been deleted.
3.01003Serious19100119 F01 I D06/16/202312/31/2024$12,278$12,278$007/10/2023P – Petition to Mod Abatement 
4.01004Serious19100119 F0406/16/202312/31/2024$12,278$12,278$007/10/2023F – Formal Settlement 
5.01005Serious19100119 H02 I06/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
6.01006Serious19100119 H02 II06/16/202308/08/2023$0$15,625$007/10/2023F – Formal SettlementCitation has been deleted.
7.01007Serious19100119 H02 III06/16/202308/08/2023$0$15,625$007/10/2023F – Formal SettlementCitation has been deleted.
8.01008Serious19100119 H02 IV06/16/202308/08/2023$0$15,625$007/10/2023F – Formal SettlementCitation has been deleted.
9.01009Serious19100119 H02 V06/16/202308/08/2023$15,625$15,625$007/10/2023F – Formal Settlement 
10.01010Serious19100119 J04 II06/16/202308/08/2023$15,625$15,625$007/10/2023F – Formal Settlement 
11.01011Serious19100119 J04 III06/16/202308/08/2023$0$15,625$007/10/2023F – Formal SettlementCitation has been deleted.
12.01012Serious19100119 J06 II06/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
13.01013Serious19100119 L0106/16/202308/08/2023$0$15,625$007/10/2023F – Formal SettlementCitation has been deleted.
14.01014Serious19100119 L0306/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
15.01015Serious19100119 L0506/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
16.01016Serious19100119 M0506/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
17.01017Serious19100119 M0606/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
18.01018Serious19100038 C0306/16/202308/08/2023$12,278$12,278$007/10/2023P – Petition to Mod Abatement 
19.01019Serious19100120 Q06 II06/16/202308/08/2023$0$12,278$007/10/2023F – Formal SettlementCitation has been deleted.
20.01020Serious19100151 C06/16/2023$12,991$7,366$007/10/2023F – Formal Settlement 
21.01021Serious19100165 B0106/16/202308/08/2023$12,278$12,278$007/10/2023F – Formal Settlement 
22.02001Other19100119 D03 I E06/16/202308/08/2023$11,378$1,378$007/10/2023F – Formal Settlement 
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