An aerosol paint manufacturer has been cited for multiple safety violations following an explosion and fire that resulted in serious injuries to three employees on March 6, 2013. OSHA cited the company for 26 safety violations, including two willful violations where locked doors impeded exit routes and snow blocked exits, slowing employees from exiting the plant quickly. OSHA proposed penalties of $262,000 and placed the aerosol paint manufacturer in its Severe Violator Enforcement Program. Flammable vapors ignited in the production facility, resulting in an explosion and fire that caused extensive damage to the building and the interconnected aerosol-propellant charging rooms. Multiple violations of OSHA’s process safety management standards for facilities that use highly hazardous chemicals were found at the facility.
The facility was cited for six willful violations. Two of the willful violations concerned exit doors locked from the outside and the failure to provide unobstructed exit routes. As an example, an employee with clothing on fire crawled beneath conveyor lines and past a pallet of materials that partially blocked the exit path to forcibly open an exit door latched shut from the outside and blocked by snow. Another willful violation involved workers operating propane-powered industrial trucks in the production area where such use was not approved.
The remaining four willful violations involve OSHA’s process safety management standards, including:
- failure to develop and implement written, safe operating and mechanical integrity procedures;
- ensure that equipment complied with recognized and generally accepted good engineering practices; and
- conduct inspections and tests on process equipment.
A total of 20 serious safety violations include
- inadequate storage of flammable liquids
- various electrical equipment deficiencies
additional violations of process safety management elements, including
- employee participation,
- process safety information,
- implementation of safe work practices,
- employee training,
- emergency action planning and alarm systems,
- process hazard analysis and
- compliance audits
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.
The current citations may be viewed at https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=24741
Citation 1 Item 1
Type of Violation: Serious; $2000.00
29 CFR 1910.106(b)(2)(vii)(a): Area(s) surrounding tank(s) containing flammable or combustible liquids were not provided with adequate drainage or dikes:
On or about March 6, 2013, the plant did not provide adequate drainage or dikes for the outside atmospheric tanks for Toluene, Acetone and Lactol spirits to prevent accidental discharge of liquid. The tanks are located adjacent to the employee parking lot.
Citation 1 Item 2
Type of Violation: Serious; $2800.00
29 CFR 1910.106(d)(3)(ii)(a): The door of the metal storage cabinet(s) for flammable and combustible liquids was not provided with a three point lock:
On or about March 6, 2013, flammable liquids were stored in a metal storage cabinet in the laboratory. The lock on the metal cabinet was broken and did not provide a lock at three points.
Citation 1 Item 3
Type of Violation: Serious; $2800.00
29 CFR 1910.106(d)(4)(i): “Construction.” Openings to other rooms or buildings were not provided with noncombustible liquid-tight raised sills or ramps at least 4 inches in height, or the floor in the storage area was not at least 4 inches below the surrounding floor. The room was not liquid-tight where the walls join the floor. A permissible alternate to the sill or ramp was not an open-grated trench inside of the room which drains to a safe location:
On or about March 6, 2013, the plant maintained an indoor storage room, known at the facility as the raw materials storage warehouse, where the employer stored flammable and combustible liquids. This room did not meet the requirements of an inside storage room for flammable liquids in that the openings to this room were not provided with noncombustible liquid-tight raised sills or ramps at least 4 inches in height, nor was the floor, in the storage area at least 4 inches below the surrounding floor. Furthermore, there was not an open-grated trench inside of the room which drained to a safe location.
Citation 1 Item 4
Type of Violation: Serious; $2800.00
29 CFR 1910.106(d)(4)(ii): “Rating and capacity.” Storage in inside storage rooms shall comply with Table H-13:
On or about March 6, 2013, the plant stored flammable material in the raw material storage warehouse in excess of the maximum allowed by Table H-13. Table H-13 allows a maximum storage area of 500 square feet and a maximum allowable quantity of 10 gallons per square foot of floor area. The employer stored more than 10,000 gallons of flammable and combustible material, and the area of the warehouse was 9,472 square feet.
Citation 1 Item 5a
Type of Violation: Serious; $2800.00
29 CFR 1910.106(d)(4)(iii): Wiring. Electrical wiring and equipment located in inside storage rooms used for Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 degrees F (37.8 degrees C), was not approved under subpart S of this part for Class I, Division 2 Hazardous Locations:
On or about March 6, 2013, the plant stored Category 1 or Category 2 Liquids in the Raw Material Storage Warehouse. The electrical equipment and wiring was general purpose and was not approved for Class I, Division 2 Hazardous Locations. This equipment included, but was not limited to:
a. An alarm panel located west of alarm panel box and VFD control panel along north wall of the Raw Material Storage Warehouse.
b. Control panels and circuit boxes for the thermal oxidizer along the north wall of the Raw Material Storage Warehouse.
c. Outlet boxes and other electrical equipment such as circuit boxes along the west wall of the Raw Material Storage Warehouse.
d. Fans and heaters mounted on the ceiling of the Raw Material Storage Warehouse.
e. Lighting Fixtures mounted on the ceiling of the Raw Material Storage Warehouse.
Citation 1 Item 5b
Type of Violation: Serious; Grouped
29 CFR 1910.307(c): Equipment, wiring methods, and installations of equipment in hazardous (classified) locations were not intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location:
Citation 1 Item 5c
Type of Violation: Serious
29 CFR 1910.307(d): Conduits in hazardous (classified) locations were not threaded:
On or about March 6, 2013, the conduits for the electrical equipment, located along the west wall of the raw material storage warehouse were not threaded.
On or about March 6, 2013, the following equipment was identified as not intrinsically safe, approved for the hazardous (classified) location or safe for the hazardous (classified) location:
a. An alarm panel located west of alarm panel box and VFD control panel along north wall of the raw material storage warehouse. This area is classified as a Class I, Division 2 Hazardous Location.
b. Control panels and circuit boxes for the thermal oxidizer along the north wall of the raw material storage warehouse. This area is classified as a Class I, Division 2 Hazardous Location.
c. Outlet boxes and other electrical equipment such as circuit boxes located along the west wall of the raw material storage warehouse. This area is classified as a Class I, Division 2 Hazardous Location.
d. Fan and heaters mounted on the ceiling of the raw material storage warehouse. This area is classified as a Class I, Division 2 Hazardous Location.
e. Lighting fixtures mounted on the ceiling of the raw material storage warehouse. This area is classified as a Class I, Division 2 Hazardous Location.
f. A portable heater was utilized in the laboratory where propellants were quality tested. This area is classified, at a minimum, as a Class I, Division 2 Hazardous Location.
Citation 1 Item 5c
Type of Violation: Serious; Grouped
29 CFR 1910.307(d): Conduits in hazardous (classified) locations were not threaded: On or about March 6, 2013, the conduits for the electrical equipment, located along the west wall of the raw material storage warehouse were not threaded.
Citation 1 Item 6
Type of Violation: Serious; $2800.00
29 CFR 1910.106(d)(4)(v): “Storage in inside storage rooms.” Containers over 30 gallons capacity were not be stacked one upon the other:
On or about March 6, 2013, the employer stored flammable liquids in the raw material storage warehouse. Many of the 55-gallon drums were stacked 3 drums high.
Citation 1 Item 7
Type of Violation: Serious; $2800.00
29 CFR 1910.106(e)(2)(ii)(b)(2): The quantity of Category 2, 3 or 4 flammable liquid located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building exceeded 120 gallons:
On or about March 6, 2013, in the general warehouse area approximately 8300 gallons of wash solvent was stored. The wash solvent used by the company is toluene, which is a Category 2 flammable liquid.
Citation 1 Item 8
Type of Violation: Serious; $2800.00
29 CFR 1910.106(e)(3)(v)(a): Areas as defined in paragraph (e)(3)(i) of this section using Category 1 or 2 flammable liquids, or Category 3 flammable liquids with a flashpoint below 100 degrees F (37.8 degrees C), were not ventilated at a rate of not less than 1 cubic foot per minute per square foot of solid floor area. This shall be accomplished by natural or mechanical ventilation with discharge or exhaust to a safe location outside of the building. Provision shall be made for introduction of makeup air in such a manner as not to short circuit the ventilation. Ventilation shall be arranged to include all floor areas or pits where flammable vapors may collect.
On or about March 6, 2013, the plant operated a paint mixing operation and a paint can filling operation in the production area of the facility. These operations included the use of Category 2 flammable liquids and/or Category 3 flammable liquids with a flashpoint below 100 degrees Fahrenheit. This area was not ventilated at a rate of not less than 1 cubic foot per minute per square foot of solid floor area. The floor area is 9,472 square feet, and a provision was not made for introduction of makeup air in such a manner as to not short circuit the ventilation. According to the ventilation drawing dated 1982, in Mode 1, normal day operation, the total ventilation is 0.844 cubic feet per minute per square foot of solid floor area.
Citation 1 Item 9
Type of Violation: Serious; $2000.00
29 CFR 1910.106(e)(9)(iv): Ground areas around buildings and unit operating areas were not kept free of weeds, trash, and/or other unnecessary combustible materials:
On or about March 6, 2013, the floor of the production room at the paint can filling unit was covered unnecessarily with cardboard which is a combustible material.
Citation 1 Item 10
Type of Violation: Serious; $2800.00
29 CPR 1910.119(c)(1): The employer did not develop a written plan of action regarding the implementation of the employee participation required by this paragraph:
On or about March 6, 2013, a written plan of action regarding the implementation of the required elements of employee participation was not developed for the covered process (propellant charging process).
Citation 1 Item 11a
Type of Violation: Serious; $2800.00
29 CFR 1910.119(d)(2)(i)(D): The employer did not compile information concerning the technology of the process including safe upper and lower limits for such items as temperatures, pressures, flows or compositions:
On or about March 6, 2013, the employer did not compile information concerning the technology of the covered process (propellant charging), such as, but not limited to, safe upper and lower limits for such items as temperatures, pressures, flows or compositions.
Citation 1 Item 11b
Type of Violation: Serious; Grouped
29 CFR 1910.119(d)(2)(i)(E): The employer did not compile information concerning the technology of the process including an evaluation of the consequences of deviations, including those affecting the safety and health of employees:
On or about March 6, 2013, the employer did not compile information concerning the technology of the covered process (propellant charging), such as, but not limited to, an evaluation of the consequences of deviations, including those affecting the safety and health of employees.
Citation 1 Item 12
Type of Violation: Serious; $2800.00
29 CFR 1910.119(e)(6): At least every five (5) years after the completion of the initial process hazard analysis, the employer did not have a team, meeting the requirements in paragraph (e)(4) of this section, update and revalidate the process hazard analysis to assure that the process hazard analysis is consistent with the current process:
On or about March 6, 2013, the employer did not update and revalidate a previously conducted process hazard analysis of the covered process (propellant charging).
Citation 1 Item 13
Type of Violation: Serious; $2800.00
29 CFR 1910.119(f)(4): The employer did not develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tag out; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel:
On or about March 6, 2013, the employer did not develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tag out; confined space entry; opening process equipment or piping for the covered process (propellant charging).
Citation 1 Item 14
Type of Violation: Serious; $2800.00
29 CFR 1910.119(g)(1)(i): The employer did not train each employee in an overview of the process:
On or about March 6, 2013, the employer did not train each employee in an overview of the covered process (propellant charging) and in safe operating procedures and work practices.
Citation 1 Item 15
Type of Violation: Serious; $2800.00
29 CFR 1910.119(j)(3): The employer did not train employees, or contract employees, involved in maintaining the on-going integrity of process equipment in an overview of the inspection process and the procedures required to perform the employee’s job tasks.
On or about March 6, 2013, the employer did not train employees, or contract employees, involved in maintaining the on-going integrity of process equipment in an overview of the inspection process and the procedures required to perform the employee’s job tasks for the covered process (propellant charging).
Citation 1 Item 16a
Type of Violation: Serious; $2800.00
29 CFR 191O.119(n): The employer did not establish an emergency plan for the entire plant in accordance with the provisions of29 CFR 1910.38:
On or about March 6, 2013, the plant owned and operated a covered process (propellant charging). The employer did not establish an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38.
Citation 1 Item 16b
Type of Violation: Serious; Grouped
29 CFR 1910.38(c)(1): Procedures for reporting a fire or other emergency;
On or about March 6, 2013, the plant was required, by 29 CFR 1910.119, to develop an emergency action plan. The plan did not include procedures for reporting a fire or other emergency.
Citation 1 Item 16c
Type of Violation: Serious; Grouped
29 CFR 1910.165(b)(1): The employee alarm system did not provide warning for necessary emergency action as called for in the emergency action plan, or for reaction time for safe escape of employees from the workplace or the immediate work area, or both:
On or about March 6, 2013, an explosion and fire occurred at the facility. The employee alarm system did not provide warning for necessary emergency action, during this incident, as called for in the emergency action plan as required by 1910.119(n) and 1910.38.
Citation 1 Item 17
Type of Violation: Serious; $2800.00
29 CFR 1910.119(o)(1): The employer did not certify that they have evaluated compliance with the provisions of this section at least every three years:
On or about March 6, 2013, for the covered process (propellant charging), the employer did not certify that they had evaluated compliance with this section at least every three years.
Citation 1 Item 18
Type of Violation: Serious; $1200.00
29 CFR 1910.303(b)(2): Listed or labeled electrical equipment was not used or installed in accordance with instructions included in the listing or labeling:
On or about March 6, 2013, a relocatable power tap, located in the packaging area of the general warehouse, used to power warming lights, was attached to the equipment in such a way as to violate the Underwriter Laboratories, Inc., standard UL 1363; the physical mounting of a relocatable power tap is allowable as long as it shall not require the use of tools to remove it. The relocatable power tap was attached to the process equipment with zip-ties which would require a knife or scissors to remove.
Citation 1 Item 19
Type ofViolation: Serious; $2000.00
29 CFR 1910.304(g)(5): The path to ground from circuits, equipment, and enclosures was not permanent, continuous, and effective:
On or about March 6, 2013, the following electrical equipment did not have a continuous path to ground:
a. The connection from path to ground on the emergency lights located in the shipping area/general warehouse was not continuous.
b. The connection from path to ground on the heat lamps mounted on the tippers located in the packaging and shipping area was not continuous.
Citation 1 Item 20a
Type of Violation: Serious; $2800.00
29 CFR 1910.305(b)(1)(i): Conductors entering cutout boxes, cabinets, or fittings were not protected from abrasion:
On or about March 6, 2013, the conductor entering the box on the emergency lighting in the general warehouse was not protected from abrasion.
Citation 1 Item 20b
Type of Violation: Serious; Grouped
29 CFR 1910.305(b)(l)(ii): Unused openings in boxes, cabinets, or fittings were not effectively closed:
On or about March 6, 2013, the openings through which conductors enter were not effectively closed for the following equipment:
a. The unused opening, on the circuit box located on the wall behind the table saw in the woodworking area of the general warehouse, was not effectively closed.
b. The unused opening on the circuit box, DP2, located in the general warehouse area, was not effectively closed.
c. The unused opening on the control box of the stand mixer in the production room was not effectively closed. The production room is classified as a hazardous location.
d. The unused opening on the limit switch on the stand mixer in the production room was not effectively closed. The production room is classified as a hazardous location.
Citation 2 Item 1
Type of Violation: Willful; $35000.00
29 CFR 1910.36(d)(l): Employee(s) were not able to open an exit route door from the inside at all times without keys, tools, or special knowledge:
On or about March 6, 2013, employees were not able to open the exit door from the conveyor room (conveyor alley) from the inside at all times without keys, tools, or special knowledge. The door was locked from the outside.
Citation 2 Item 2
Type of Violation: Willful; $35000.00
29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:
On or about March 6, 2013, the employer did not maintain the following exits in the conveyor room (conveyor alley) free and unobstructed:
a. The exit route from the conveyor room (conveyor alley) to the exit door was blocked with a pallet and other debris. The employee had only 10 inches of clear, unobstructed floor space to get to the exit door.
b. The exit door from the conveyor room (conveyor alley) to the parking lot was blocked by snow which had been plowed up against the door.
Citation 2 Item 3a
Type of Violation: Willful; $35000.00
29 CFR 1910.119(d)(3)(i): The employer did not compile information pertaining to the equipment in the process:
On or about March 6, 2013, the employer did not compile information pertaining to the equipment in the covered process (propellant charging) such as, but not limited to: materials of construction, piping and instrument diagrams (P&IDs), electrical classification, relief system design and design basis, ventilation system design, design codes and standards employed, material and safety systems (e.g., interlocks, detection or suppression systems).
Citation 2 Item 3b
Type of Violation: Willful; Grouped
29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices:
On or about March 6, 2013, the employer did not document that the covered process equipment (propellant charging) complied with recognized and generally accepted good engineering practices such as, but not limited to, NFPA 30 B Code for the Manufacture and Storage of Aerosol Products, NFPA 77 Recommended Practices on Static Electricity, NFPA 91 Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids. Documented deficiencies include but are not limited to:
a. Conveyor systems between the production area (filling) and the flammable propellant charging rooms (gas house) included covers that were not open at the bottom and did not prevent flammable vapors from entering the production area through the conveyor enclosure as required by NFPA 30B (2011) Section 5.13.1.3.
b. The design and construction of conveyor lines in the flammable propellant charging rooms (gas house) did not provide for direct access to the secondary emergency exit route as required by NFPA 30B (2011) Section 4.2.2.2.
c. The flammable propellant charging rooms (gas house) were not provided with an approved, operational gas detection system that is equipped with interlocks to provide for propellant supply shutdown, aerosol line shutdown, audible and visual alarms, and emergency ventilation rates as required by NFPA 30B (2011) Sections 5.7.1, 5.7.2, and 5.12.
d. The flammable propellant charging rooms were not provided with a deflagration suppression system as required by NFPA 30B (2011) Section 5.11.1.
e. Gas detection sensors were not provided with detection heads within conveyor enclosures between the production area (filling) and the flammable propellant charging rooms (gas house) as discussed in NFPA 30B (2011) SectionA.5.7.
f. The exhaust ventilation system for the propellant charging rooms (gas house) were not provided with a make-up air system required byNFPA 30B (2011) Section 5.4.1.1.
g. The exhaust ventilation system for the propellant charging rooms (gas house) did not minimize the use of non-metallic flexible duct to specific equipment inlets where movability/portability or vibration reduction was necessary as required by NFPA 91 (2010) Sections 4.4.12 and 8.2.1 and NFPA 77 Section 8.4.3.1.
Citation 2 Item 4
Type of Violation: Willful; $35000.00
29 CFR 1910.119(f)(l): The employer did not develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information:
On or about March 6, 2013, the employer did not develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in the covered process (propellant charging).
Citation 2 Item 5a
Type of Violation: Willful; $35000.00
29 CFR 1910.1190)(2): The employer did not establish written procedures to maintain the on-going integrity of process equipment:
On or about March 6, 2013, the employer did not establish written procedures to maintain the on-going integrity of the process equipment for the covered process (propellant charging).
Citation 2 Item 5b
Type of Violation: Willful; Grouped
29 CPR 1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment:
On or about March 6, 2013, the employer did not perform inspections and tests on the equipment within the covered process (propellant charging), such as but not limited to, the propellant pressure vessels, the related pressure relief valves; pumps, piping systems and relief venting; atmospheric solvent tanks, pumps and piping systems; atmospheric resin tanks, pumps and piping systems; emergency ventilation system and controls; and flammable gas detection system and controls, etc.
Citation 2 Item 6
Type of Violation: Willful; $35000.00
29 CFR 1910.178(c)(2)(iv): Power-operated industrial trucks designated as DY, EE, or EX were not used in locations where volatile flammable liquids or flammable gases were handled, processed or used, but in which the hazardous liquids, vapors or gases will normally be confined within closed containers or closed systems from which they can escape only in case of accidental rupture or breakdown of such containers or systems, or in the case of abnormal operation of equipment:
On or about March 6, 2013, power-industrial trucks designated as DY, EE, or EX were not used in the production room. The propane-powered industrial trucks used in the production room were designated as LP and LPS. The production room is classified as a Class I, Division 2, and hazardous location.