WRONG CHEMICAL – WRONG TANK (Tank was incorrectly labeled)

At approximately 9:30 a.m. on April 24, 2019, an employee was receiving a chemical. The vendor connected the nitric acid to the chlorine tank. Because it was mislabeled, it caused a reaction with a cloud that affected seven (7) other employees.

The employees suffered respiratory irritation due to the chemical exposure. The employees were hospitalized for this exposure.

Violations/PenaltiesSeriousWillfulRepeatOtherUnclassTotal
Initial Violations213
Current Violations213
Initial Penalty$23,868$0$0$0$0$23,868
Current Penalty$11,934$0$0$0$0$11,934
FTA Penalty$0$0$0$0$0$0
#Citation IDCitation TypeStandard CitedIssuance DateAbatement Due DateCurrent PenaltyInitial PenaltyFTA PenaltyContestLatest EventNote
1.01001Serious19101200 E02 II09/25/201910/22/2019$11,934$11,934$0I – Informal Settlement 
2.01002ASerious19101200 H03 II09/25/201910/22/2019$0$11,934$0I – Informal Settlement 
3.02001Other19100157 C0109/25/2019$0$0$0I – Informal Settlement 

29 CFR 1910.1200(e)(2)(ii): The EMPLOYER’S hazard communication program did not include methods the employer will use to inform the other employer(s) of any precautionary measures that need to be taken to protect employees during the workplace’s normal operations and in foreseeable emergencies:

On or about April 24, 2019, in the facility, the hazard communication program used by the employer did not include precautionary measures to protect employees of other employers during the process of unloading of chemicals in the plant and exposing them to chemical hazard from a release.

29 CFR 1910.1200(h)(3)(ii): Employee training did not include the physical and health hazards of the chemicals in the work area:

On or about April 24, 2019, in the facility, employees were exposed to asphyxiation hazards when the employer did not provide training to employees on the physical and health hazards of the corrosive Millennium Red they use to clean equipment.

29 CFR 1910.157(c)(1): Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries:

At the facility, employees were exposed to burn injuries in the event of an emergency while working near the chemical room where portable fire extinguishers were not; mounted, identified by signage or placed in a manner that allowed for their safe and expedient use.

Source: https://www.osha.gov/ords/imis/establishment.violation_detail?id=1396773.015&citation_id=02001

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