A pharmaceutical manufacturing facility has been cited for 23 safety and health violations-including seven willful, one repeat and 15 serious. The company has been placed in OSHA’s Severe Violator Enforcement Program, and the citations carry proposed penalties of $449,680. OSHA initiated an inspection in December 2013 after the company failed to fix hazards following an April 2012 fire at the pharmaceutical manufacturing facility, which uses the chemical thionyl chloride. Five of the willful violations involve PSM. The violations involve failing to establish safe operating procedures, develop safety information for equipment, correct problems and perform tests and inspections in accordance with the manufacturer’s recommendation and other recognized and accepted good practices. The other two willful violations involve failing to provide specific procedures to protect workers from dangerous machines during maintenance, to provide ventilation for emissions, and to remove and replace temporary wiring installed during the fire restoration project. The company was cited for one repeat violation for not properly fitting employees required to wear full and half-face, air-purifying respirators. Here is a breakdown of the citations:
SPECIAL NOTES regarding this inspection: 1) Notice all the reference to API standards and recommended practices even though this is a pharma facility and 2) there were quite a few items associated with the “utilities” on the covered process.
PLEASE NOTE: these citations are NOT the final settlement and some are BEFORE the employer’s informal conference. They are shared as a learning tool to show what types of issues OSHA and EPA are finding in their PSM/RMP inspections. I have scrubbed all company information from these postings as this is NOT about any one company, but rather a trend of issues that continue to be found by OSHA and EPA.
Safety/PSM
Citation 1 Item 1
Type of Violation: Serious; $5,390
Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to hazards associated with the potential over-pressurization of process vessels. Reactor, distillation, and filter dryer vessels were not adequately designed to prevent over-pressurization of the vessels and associated process equipment, and steam heating jacket pressure relief devices on reactor and distillation vessels were not designed or located to relieve to a safe location:
(a) Pressure relief systems installed on steam heating jackets of reactor and distillation vessels such as, but not limited to PC-51, PC-202, PC-502, DU-21, DU-31, DU-22, and DU-23 did not relieve to a safe location. Pressure relief valves discharged directly to the immediate work environments (operator stations, ladders, doorways, platforms, etc.) occupied by process operators and other employee(s) performing work in the area. This exposed process operators and employees to burn hazards from steam.
(b) Reactor, and distillation vessels such as, but not limited to PC-51, PC-202, PC-502, DU-21, DU-31, DU-22, DU-51, DU-23, DU-52, and DU-201, did not have recognized safe pressure relief systems engineered into the vessels and interconnected process equipment to dissipate hazardous build-up of pressure within the system. A catastrophic explosion event or releases of chemical material into the local work environment exposes employees to burn hazards, inhalation hazards and struck by hazards.
Among other methods, one feasible and acceptable means of abatement for instance (a) would be to ensure that pressure relief valves are oriented/located to relieve to safe, unoccupied locations not capable of impacting personnel. Hazard determination and installation solutions may involve the implementation of recognized and accepted good engineering practices such as American Petroleum Institute (API) Standard 521 “Pressure- relieving and Depressuring Systems”.
Among other methods, one feasible and acceptable means of abatement for instance (b) would be to follow the American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code (B&PVC)” Section VIII, Division 1 UG-125. Specifically, provide pressure vessels with pressure relief devices in accordance with the requirements of UG-125 through UG-13 7 of AMSE B&PVC Section VIII, Division 1, such as ensuring that the required pressure relief devices are properly installed prior to initial operation and to size, select pressure relief devices based on intended service considerations such as, but not limit to, normal operating and upset conditions, fluids, and fluid phases. Pressure relief devices must discharge to a safe location in accordance with recognized and generally accepted good engineering practices such as American Petroleum Institute (API) Standard 521 “Pressure-relieving and Depressuring Systems” and 520 “Sizing, Selection, and Installation of Pressure-Relieving Devices in Refineries”.
Citation 1 Item 2
Type of Violation: Serious; $5,390
Section 5(a)(l) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees in that employees were exposed to hazards associated with the potential failure of process/utilities piping such as, but not limited to, burns, struck by, chemical contact, chemical inhalation while working at or near reactor vessels, distillation vessels, filter dryer vessels and their associated piping systems:
(a) Steam heating system delivery piping throughout the facility was visibly pitted, corroded, and oxidized. The employer had not developed nor implemented a mechanical integrity system to ensure the safe service of such piping servicing reactor, distillation and filter dryer vessels such as, but not limited to, PC-51, PC-202, PC-204, PC-502, DU-21, DU-31, DU-22, DU-51, DU-23, DU-52, DU-201, and FD-301.
(b) Methanol delivery piping throughout the facility was visibly pitted, corroded, and oxidized. The employer had not developed nor implemented a mechanical integrity system to ensure the safe service of such piping servicing reactor, distillation and filter dryer vessels such as, but not limited to, PC-51, PC-202, PC-204, PC-502, DU-21, DU-31, DU-22, DU-51, DU-23, DU-52, DU-201, and FD-301.
(c) Hot oil delivery piping throughout the facility was visibly pitted, corroded, and oxidized. The employer had not developed nor implemented a mechanical integrity system to ensure the safe service of such piping servicing reactor, distillation and filter dryer vessels such as, but not limited to, PC-51, PC-202, PC-204, PC-502, DU-21, DU-31, DU-22, DU-51, DU-23, DU-52, DU-201, and FD-301.
(d) Plastic emissions ventilation and scrubber system piping was missing inlet port covers, included duct tape at various joint connections, etc. The employer had not developed nor implemented a mechanical integrity system to ensure the safe service of such piping.
(e) Glass charging and process piping throughout the facility was relied upon without ensuring its integrity. The employer had not developed nor implemented a mechanical integrity system to ensure the safe service of such piping servicing reactor, distillation and filter dryer vessels such as, but not Limited to, PC-51, PC-202, PC-204, PC-502, DU-21, DU-31, DU-22, DU-51, DU-23, DU-52, DU-201, and FD-301.
Among other methods, one feasible and acceptable means of abatement would be to develop and implement a mechanical integrity (in-service inspection and condition-monitoring) program to include necessary inspections, tests, ratings, repair, and replacement of metal process/utilities piping in accordance with the guidelines outlined in American Petroleum Institute (A.PI) Standard 570 “Piping Inspection Code: In-service Inspection Rating, Repair, and Alteration of Piping Systems”. Additional codes and standards that provide guidance for metallic and non-metallic piping and supports may include API Standard 574 “Inspection Practices for Piping System Components”, API Standard 579 “Fitness-for-Service”, API Standard 580 “Risk-Based Inspection”, and American Society of Mechanical Engineers (ASME) Standard B31.3 “Process Piping”.
Citation 1 Item 3
Type of Violation: Serious; $5,390
29 CFR 1910.37(a)(3): Exit route(s) were not kept free and unobstructed:
(a) On or about February 10, 2014 the exit on the east side of the hazardous chemical storage room was obstructed by a tote and 55 gallon drums of chemical waste.
Citation 1 Item 4a
Type of Violation: Serious; $5,390
29 CFR 1910.119(d)(2)(i)(D): Information concerning the technology of the process did not include safe upper and lower limits for such items as temperatures, pressures, flows or compositions:
(a) Process safety information, such as safe upper and lower limits for temperatures, pressures, flows was not developed and compiled for covered processes associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 process.
Citation 1 Item 4b
Type of Violation: Serious; Grouped
29 CFR 1910.119(d)(2)(i)(E): Information concerning the technology of the process did not include an evaluation of the consequences of deviations, including those affecting the safety and health of employees:
(a) Process safety information such as consequences of deviations from safe upper and lower limits (temperatures, pressures, flows) was not developed and compiled for covered processes associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 process.
Citation 1 Item 5
Type of Violation: Serious; $5,390
29 CFR 1910.119(e)(4): The process hazard analysis was not performed by a team with a member knowledgeable in the specific process hazard analysis methodology being used:
(a) A 2012 process hazard analysis for covered processes utilizing thionyl chloride was conducted using a “Stepwise” methodology along with a FMEA supplement for a portion of the covered process; charging thionyl chloride. The leader of the process hazard analysis was not knowledgeable with the FMEA analysis process.
Citation 1 Item 6
Type of Violation: Serious; $5,390
29 CFR 1910.119(g)(1)(i): Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, were not trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section:
(a) Operator training for covered processes associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to the PC-501 process did not include training on operating procedures that included steps for each operating phase, operating limits, safety and health considerations, and safety systems and their functions.
Citation 1 Item 7
Type of Violation: Serious; $5,390
29 CFR 1910.119(j)(2): The employer did not establish and implement written procedures to maintain the on-going integrity of process equipment:
(a) Mechanical integrity procedures were not developed for each type of processing equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 process.
Citation 1 Item 8
Type of Violation: Serious
29 CFR 1910.119(m)(1): The employer did not investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace:
(a) On or about December 5, 2013, approximately 15 gallons of thionyl chloride released from the 100 liter addition bell associated with reactor PC-501. An incident investigation was not performed.
Citation 1 Item 9
Type of Violation: Serious; $4,620
29 CFR 1910.132(f)(1)(iii): Employees required to wear PPE were not trained to know how to properly don, doff, and wear PPE:
(a) On or about December 10, 2013 employees shipping and packaging the substance nonivamide were not trained on how to doff (remove) chemical resistant outer clothing, gloves, and respirators in a manner that would prevent skin and respiratory exposure from the contaminated PPE.
Citation 1 Item 10a
Type of Violation: Serious; $5,390
29 CFR 1910.157(d)(1): Portable fire extinguishers were not selected based on the classes of anticipated workplace fires and on the size and degree of hazard that would affect their use:
(a) On or about December 19, 2013, a palladium filter bag media caught fire when removed from the filter enclosure associated with the filter dryer for PC-204. A class D fire extinguisher designed for extinguishing combustible metal fires was not available to extinguish the fire. An employee utilized a nearby class C extinguisher.
Corrected During Inspection
Citation 1 Item 10b
Type of Violation: Serious; Grouped
29 CFR 1910.157(d)(6): The employer did not distribute portable fire extinguishers or other containers of Class D extinguishing agent for use by employees so that the travel distance from the combustible metal working area to any extinguishing agent is 75 feet (22.9 m) or less:
(a) On or about December 19, 2013 a palladium fire occurred in the Tetrahop processing area when the palladium filter bag media was removed from the filter enclosure associated with the filter dryer for PC-204. A class D fire extinguisher was located in the R&D lab over 400 feet away. Corrected During Inspection
Citation 1 Item 11
Type of Violation: Serious; $3,850
29 CFR 1910.178(1)(1 )(i): The employer did not ensure that each powered industrial truck operator was competent to operate a powered industrial truck safely, as demonstrated by the successful completion of the training and evaluation specified in this paragraph (1):
(a) Employees were allowed to operate forklifts to handle drums, totes and containers of chemicals and other raw materials for production operations without being trained and/or evaluated in their safe and proper use.
Citation 1 Item 12
Type of Violation: Serious; $3,850
29 CFR 1910.253(b)(4)(iii): Oxygen cylinders in storage were not separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of20 feet (6.1 m) or by a noncombustible barrier at least 5 feet (1.5 m) high having a fire-resistance rating of at least one-half hour:
(a) Compressed gas cylinder(s) of oxygen were stored with flammable fuel mixture cylinders (Acetylene) in the staging room without adequate separation.
Citation 1 Item 13
Type of Violation: Serious; $3,850
29 CFR 1910.333(b)(2): While any employee was exposed to contact with parts of fixed electric equipment or circuits which had been de-energized, the circuits energizing the parts were not locked out or tagged or both in accordance with paragraph (b)(2):
(a) On or about, December 16, 2013 maintenance employees performing work on electrical circuits associated with vessel FD-102, had not locked or tagged out (or both) one of the upstream energy isolation devices.
Citation 2 Item 1a
Type of Violation: Willful; $53,900
29 CFR 191O.119(d)(3)(i): The employer does not compile information pertaining to the equipment in the process to include the elements under 29 CFR 1910.119(d)(3)(i)[a]-[h]:
(a) Piping and instrument diagrams (P&IDs) are not accurate, complete, and up-to-date for covered process equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 process equipment.
- P&IDs do not include associated process system components such as, but not limited to, the pneumatic transfer pump, the emissions ventilation and scrubber system, the chilled water cooling supply system, steam supply system, and the nitrogen gas supply system.
- P&IDs depict a glycol cooling system that had been removed from processing.
- P&IDs do not include a corresponding legend for accurate determination of valve type, piping type, control system components, alarms system components, etc.
(b) Information pertaining to pressure relief system design and design basis is not compiled for covered process equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 process equipment.
(c) Information pertaining to ventilation system design is not compiled for covered process equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 process equipment.
(d) Information pertaining to design codes and standards employed is not compiled for covered process equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 process equipment.
(e) Information pertaining to material and energy balances is not compiled for covered process equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including but not limited to, PC-501 process equipment.
(f) Information pertaining to safety systems employed is not compiled for covered process equipment associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 process equipment.
To abate this violation, the employer must complete a compilation of written process safety information (including information pertaining to the equipment in the process such as complete/accurate P &IDs, relief system design and design basis, ventilation system design; design codes and standards employed, material and energy balances, and safety systems) prior to conducting a process hazard analysis as required by the standard.
Citation 2 Item 1b
Type of Violation: Willful; Grouped
29 CFR 1910.119(d)(3)(ii): The employer does not document that equipment complies with recognized and generally accepted good engineering practices:
(a) U-1 Forms (Manufacturer’s Certificate of Compliance Covering Pressure Vessels) were not maintained for covered process reactors associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the De Dietrich reactor PC-501.
(b) The employer does not document that glass piping used to process, transfer and separate out liquid materials associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 glass process piping, complies with RAGAGEP.
(c) The employer does not document that clamps used to connect glass piping and other reactor components associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 process connections, comply with RAGAGEP.
(d) The employer does not document that emissions ventilation and scrubber systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 process emissions ventilation and scrubber system, comply with RAGAGEP.
(e) The employer does not document that reactor steam heating systems (generation, delivery and end use) associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 steam heating system, comply with RAGAGEP.
(f) The employer does not document that reactor water cooling systems associated with the synthesis of various chemical products using tbionyl chloride as a reagent including, but not limited to, the PC-501 water cooling system, comply with RAGAGEP.
(g) The employer does not document that reactor nitrogen gas supply systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 nitrogen gas supply system, comply with RAGAGEP.
(h) The employer does not document that thionyl chloride delivery systems (transfer hoses, pneumatic pumps, and additional bells) associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 delivery systems comply with RAGAGEP.
Citation 2 Item 2a
Type of Violation: Willful; $53,900
29 CFR 1910.119(e)(2): The employer does not conduct a process hazard analysis (PHA) using one of the established methodologies identified in 29 CFR 1910.119(e)(2)(i) through (vii):
(a) A 2012 process hazard analysis for covered processes utilizing thionyl chloride was conducted using a “Stepwise” procedure methodology along with a FMEA supplement for a portion of the covered process; charging thionyl chloride. The chosen process hazard analysis methodology fails to adequately address important elements including, but not limited to:
- Reactivity hazards
- Loss of cooling water to reactors
- Loss of heating to reactors
- Loss of vacuum
- Excessive or prolonged heating during reaction
- Excessive or prolonged cooling during reaction
- Electrical power outages
- Wrong materials of construction
- Excessive agitation
- Insufficient agitation, no agitation, agitation delayed
- Inadequate cleaning or purging of equipment
- Controls to prevent mechanical failure of the emission ventilation and scrubber system (inadequate venting of off-gasses)
- Leaks in or failures of transfer piping, process piping, and associated connections
- Failure of glass lining in reactors
- A range of all intended reactions (process chemistry I batch recipes) involving thionyl chloride
- Deviations in process chemistry batch recipes
- Deviations in charging (double charging, charging too much, charging too fast, not charging enough, charging too slowly, not charging certain ingredients)
- Inappropriate replacement of mechanical components/quality assurances
- Deviations in safe upper/lower limits (temperatures, flows, pressures, compositions)
- Deviations from intended operating procedures
- Human factors
- Facility siting
- Previous incidents
- Outside environmental impacts
- Failure of steam piping
- Chemical transfer and storage practices
- The boundaries of the covered process(es)
Citation 2 Item 2b
Type of Violation: Willful; Grouped
29 CFR 1910.119(e)(5): The employer does not establish a system to promptly address the process hazard analysis team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolutions were documented; document what actions are to be taken, complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance, and other employees whose work assignments are in the process and who may be affected by the recommendations or actions:
(a) A system was not established to ensure that process hazard analysis recommendations associated with covered processes utilizing thionyl chloride were resolved and acted on in a timely and appropriate manner.
To abate this violation, the employer must establish a system to promptly address a process hazard analysis team’s findings and recommendations; assure the recommendations are resolved in a timely manner and documented, document actions to be taken, complete actions as soon as possible, develop a written schedule of when actions are to be completed; and communicate actions to operating, maintenance and other affected employees whose work assignments are in the process.
Citation 2 Item 3
Type of Violation: Willful; $53,900
29 CFR 1910.119(f)(1): The employer does 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 and addressing all elements in 29 CFR 1910.119(f)(1)(i)-(iv):
(a) Operating procedures are not developed to account for all of the activities involved in setting up and running the reaction processes associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 process equipment. Activities (phases) not addressed include, but are not limited to:
- addition of chemical batch ingredients involved in the various reactions;
- placing the reactor under vacuum;
- utilization of the cooling water system;
- utilization of the steam heating system;
- utilization of the emissions ventilation and scrnbber system;
- utilization of the nitrogen gas supply system;
- draining aqueous solutions from the reactors, bell and water traps, and auxiliary equipment;
- bonding and grounding;
- transfer and storage of thionyl chloride, etc.
Process instructions are delivered via manufacturing direction sets that focus on production parameters and not employee safety and health concerns.
To abate this violation, the employer must develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process and that address steps for each operating phase, operating limits, safety and health considerations, and safety systems and their functions.
Citation 2 Item 4a
Type of Violation: Willful; $53,900
29 CPR 1910.119(j)(4)(i): Inspections and tests are not performed on process equipment:
(a) Inspections and tests are not being performed on glass product piping systems and glass addition bells associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC- 501 glass process piping and glass addition bells. Fitness-for-service and remaining life testing is not being performed.
(b) Inspections and tests are not being performed on steam piping systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 steam piping. Fitness-for-service and remaining life testing is not being performed.
(c) Inspections and tests are not being performed on cooling water piping systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 cooling water piping. Fitness-for-service and remaining life testing is not being performed.
(d) Inspections and tests are not being performed on emissions ventilation and scrubber systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, PC-501 emissions scrubber components. Fitness-for-service and remaining life testing is not being performed.
(e) Inspections and tests are not being performed on pneumatic pump systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 pneumatic transfer pump.
(f) Inspections and tests are not being performed on nitrogen gas supply systems associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the PC-501 nitrogen gas supply system. Fitness-for-service and remaining life testing is not being performed.
To abate this violation, the employer must perform inspections and tests on process equipment following recognized and generally accepted good engineering practices (RAGAGEP) and at a frequency consistent with such practices. Recognized and generally accepted good engineering practices may include documents such as, but not limited to API 570 “Piping Inspection Code: Inservice Inspection, Rating, Repair, and Alteration of Piping Systems”; API 572 “Inspection of Pressure Vessels (Towers, Drums, Reactors, Heat Exchangers, and Condensers)”; API 574 “Inspection Practices for Piping System Components”; API 579 “Fitness-for-Service”; API 580 “Risk-Based Inspection”; API 683 “Quality Improvement Manual for Mechanical Equipment in Petroleum, Chemical, and Gas Industries (Pumps)”; API 598 “Valve Inspection and Testing”; and manufacturer’s recommendations.
Citation 2 Item 4b
Type of Violation: Willful; Grouped
29 CFR 1910.119(j)(4)(ii): Inspection and testing procedures do not follow recognized and generally accepted good engineering practices:
(a) Spark testing is not being performed on glass lined process reactors associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the De DietTich reactor PC-501. The manufacturer advises for such testing on a six-month basis to ensure the integrity of the glass lining. Inspections and tests on reactors were limited to periodic visual inspections by maintenance staff.
(b) Glass lining thickness testing is not being performed on glass lined process reactors associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the De Dietrich reactor PC-501. The manufacturer advises for such testing on a six-month basis to ensure the integrity of the glass lining. Fitness-for-service and remaining life testing is not being performed. Inspections and tests on reactors were limited to periodic visual inspections by maintenance staff.
Citation 2 Item 4c
Type of Violation: Willful; Grouped
29 CFR 1910.119(j)(4)(iii): The frequency of inspection and tests of process equipment are not consistent with applicable manufacturer’s recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience:
(a) Visual inspections on reactors and reactor components associated with the synthesis of various chemical products using thionyl chloride as a reagent including, but not limited to, the De Dietrich reactor PC-501, do not occur at least once per six months as advised by the manufacturer. The most recent visual inspections on the De Dietrich reactors and components occurred on March 7, 2013. Prior to March 7, 2013, visual inspections occurred on February 6, 2010. Elements for routine and frequent inspections include, but are not limited to, mechanical seals, motor drives, vessel nozzle connections (gaskets, connecting bolts, connecting clamps), external jacket appearance, internal jacket appearance, and vessel jacket connections (agitating nozzles and relief valves).
To abate this violation, the employer must ensure that the frequency of inspections and tests performed on process equipment are consistent with the applicable manufacturer’s recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience. Specifically, perform visual inspections and tests every six months as advised by the manufacturer.
Citation 2 Item 5
Type of Violation: Willful; $53,900
29 CFR 1910.119(o)(4): The employer does not promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected:
(a) An April 2013 compliance audit and needs assessment report commissioned by the employer under 29 CFR 1910.119(o) identified approximately 285 findings of deficiencies and recommendations in regard to the employer’s compliance with 29 CFR 1910.119. The employer does not ensure that findings are responded to in a prompt fashion and does not ensure nor document that deficiencies are or have been corrected.
To abate this violation, the employer must promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.
Citation 2 Item 6
Type of Violation: Willful; $42,350
29 CFR 1910.147(c)(4)(i): Procedures are not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:
(a) Written machine/equipment specific energy control procedures are not developed, documented, and utilized for authorized personnel to follow when performing maintenance or servicing work on machines/equipment including but not limited to the reactors, emissions ventilation and scrubber system, steam system, hot oil system, chilled cooling water system, etc.
To abate this violation, the employer must develop, document, and utilize energy control procedures specific to machinery and equipment for the control of potentially hazardous energy when employees are engaged in servicing and maintenance of machines and equipment where unexpected energization (startup) or release of stored energy could cause injury to employees.
Citation 2 Item 7
Type of Violation: Willful; $53,900
29 CFR 1910.305(a)(2)(ii): Temporary wiring is not removed immediately upon completion of the project or purpose for which the wiring was installed:
(a) Flexible electrical cables, electrical cords, and non-metallic sheathed cable installed as temporary fire restoration wiring within the mechanical pump/utility room is allowed to be used despite replacement wiring, conduit equipment and funding being made available for its prompt replacement. The wiring is run through holes in walls and ceilings and is also attached to conductive piping runs, run supports, and other structures.
To abate this violation, the employer must remove and replace temporary wiring with fixed wiring in accordance with applicable codes and regulations.
Health Citations
Citation 1 Item 1
Type of Violation: Serious; $5,390
29 CFR 1910.134(d)(l)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminants chemical state and physical form. When the employer was unable to identify or reasonably estimate the employee exposure, the employer did not consider the atmosphere to be IDLH:
(a) The employer had not performed an evaluation or identification of respiratory hazards for chemical hazards such as, but not limited to thionyl chloride and nonivamide.
(b) On or about February 11th, 2014 employees were exposed to elevated levels of carbon dioxide from dry ice in the cold storage room. No evaluation for employee exposure was performed.
Citation 1 Item 2a
Type of Violation: Serious; $3,080
29 CFR 1910.134(h)(2)(i): Respirators were not stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals or were not packed or stored to prevent deformation of the face-piece and exhalation valve:
(a) On or about February 12, 2014 an employee was observed storing a tight fitting half face air purifying respirator with the face seal facing up on the work platform decking of filter dryer FD-301.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1910.134(k)(l): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):
(a) The employer had not provided information and training on proper use and care of respirators where production employees are required to wear full and half mask negative pressure respirators when working with chemicals such as, but not limited to, thionyl chloride and nonivamide.
Citation 2 Item 1
Type of Violation: Repeat; $10,780
29 CFR 1910.134(f)(1): The employer did not ensure that employee(s) required to use a tight-fitting facepiece respirator passed the appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT):
(a) On or about December 16, 2013 the employer had not performed annual fit testing for employees required to wear full and half mask negative pressure respirators prior to working with chemicals such as, but not limited to, thionyl chloride and nonivamide.
View the citations: http://www.osha.gov/ooc/citations/FontaromeChemicalInc_952515_0604_14.pdf*
http://www.osha.gov/ooc/citations/FontaromeChemicalInc_955859_0604_14.pdf*