A worker died (November 3, 2014) after Malaic Anhydride vapors released from an over-pressurized reactor burned his respiratory system on July 7, 2014. A second employee was treated at a hospital and released. A July 2014 OSHA inspection resulted in citations for 17 safety and health violations. OSHA initiated the inspection after a media referral alleged that a chemical release at the manufacturing facility had occurred. The plant was inspected by OSHA previously in 2012 and received 19 serious citations related to PSM. The facility manufactures a range of specialty chemicals for the water treatment, agriculture and pulp, and paper industries. CLICK HERE for the OSHA Press Release. Here is a breakdown of the citations:
PSM NOTE: Malaic Anhydride is NOT the PSM chemical, it is the finished product. The process to make Malaic Anhydride uses Butane (a highly flammable gas) thus most likely making this process fall under PSM.
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.
Citation 1 Item 1
Type of Violation: Serious; $5,390
29 CFR 1910.106(b)(2)(vii)(a): “Drainage and diked areas.” The area surrounding a tank or a group of tanks shall be provided with drainage as in subdivision (b) of this subdivision, or shall be diked as provided in subdivision (c) of this subdivision, to prevent accidental discharge of liquid from endangering adjoining property or reaching waterways.
a) The employer failed to ensure that a dike, barrier, containment or means were maintained to contain flammable materials. There were (2) 4500 gallon storage tanks (ST-88 and ST-89) containing Torq Trim II (isopropyl alcohol) that did not have any means to control the flammable material to the immediate area.
Citation 1 Item 2
Type of Violation: Serious; $5,390
29 CFR 1910.106(h)(7)(i)(a): Precautions shall be taken to prevent the ignition of flammable vapors.
Sources of ignition include but are not limited to open flames; lightning; smoking; cutting and welding; hot surfaces; frictional heat; static, electrical, and mechanical sparks; spontaneous ignition, including heat-producing chemical reactions; and radiant heat.
a) The employer failed to ensure that operation of a LP gas industrial truck was not permitted in an area where flammable materials were being dispensed. An employee was operating a Komatsu LP gas forklift in the area where drumming of Torq Trim II (isopropyl alcohol) was being dispensed into 55 gallon drums. The equipment was capable of creating a mechanical spark from its operation in the area.
Citation I Item 3
Type of Violation: Serious; $5,390
29 CFR 191O.119(d)(2)(i)(A): The process safety information (PSI) pertaining to the technology of the process did not include a block flow diagram that contained accurate information
a) The employer’s PSI (Process Safety Information) pertaining to the technology of the process failed to contain an accurate block flow diagram and/or a simplified process flow diagram for processes to include, but not limited to, Torq Trim II (isopropyl alcohol) to indicate the flow of product within all major vessels. The diagram did not show the transfer of product to ST-88 and ST-89 and dispensing of the material into 55 gallon drums. Employees were exposed to a fire/explosion hazard while performing operator, forklift operations, drumming of materials and other activities for the manufacture of specialty chemicals.
Citation 1 Item 4
Type of Violation: Serious; $2,310
29 CFR 191O.ll9(d)(3)(i)(A): The process safety information (PSI) pertaining to the equipment of the process did not include information pertaining to the material of construction:
a) The employer’s PSI (Process Safety Information) pertaining to the equipment of the process failed to contain information on the material of construction of vessels that may be affected by covered processes such as, but not limited to, Torq Trim II, BU 82076 and BU 82076 base.
Citation 1 Item 5
Type of Violation: Serious; $5,390
29 CFR 1910.119(e)(3): The process hazard analysis did not address the identification of any previous incident which had a likely potential for catastrophic consequences in the workplace; engineering and administrative controls applicable to the process hazards; Consequences of failure of engineering and administrative controls; facility siting and human factors affecting the process.
a) The PHA (Process Hazard Analysis) for covered processes failed to address all factors required in the PHA evaluation such as, but not limited to, administrative and engineering controls; consequences of failure of engineering and administrative controls, facility siting and human factors,. Employees were exposed to a fire/explosion hazard and other hazardous conditions while manufacturing industrial specialty chemicals. i.e Torq Trim II, Amide Chloride and CSTHAI404M.
Citation 1 Item 6
Type of Violation: Serious; $5,390
29 CFR 1910.119(1)(1): The employer shall establish and implement written procedures to manage changes (except for “replacements in kind”) to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process.
a) The employer failed to implement a MOC (management of change) to establish a protocol that addressed the impact of safety and health on employees when assigned duties involving drumming of Torq Trim II which was moved to a new location. The change reflects deviation from normal operating procedures of drumming Torq trim II in the new production area to transferring the batch to a remote holding tank that was utilized to dispense the material into 55 gallon drums. The change impacted the safety and health considerations for other processes in the immediate area. Employees were exposed to the hazard of fire/explosion and other hazardous conditions while performing duties for the manufacture of industrial materials. (Torq Trim II).
Citation 2 Item 1
Type of Violation: Repeat; $7,700
29 CFR 1910.110(e)(4)(iii): Permanent and removable fuel containers were not securely mounted to prevent jarring loose, slipping, or rotating:
a) The employer failed to ensure that a LP gas cylinder was adequately secured on the Clark powered industrial truck. The latch designed to secure the cylinder was broken. Employees were exposed to a fire/explosion hazard while operating the industrial truck to move totes and drums containing chemicals in and around the production area.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.110 (e)(4)(iii), which was contained in OSHA inspection number 438031, citation number 1, item number 2 and was affirmed as a final order on December 04, 2012, with respect to a workplace located at 453 Callahan Road, Dalton, Georgia.
Citation 2 Item 2
Type of Violation: Repeat; $10,780
29 CFR 1910.119(d)(3)(i)(B): The employer did not develop piping and instrument diagrams for the equipment that was part of the process.
a) The employer did not develop an adequate P&ID (Piping and Instrumentation Diagram) that included all piping, equipment, valves and other components of the process equipment that existed within all major vessels exposing employees to a fire/explosion hazard. The P&ID did not show the transfer of product from the reactor to the holding tank ST-88 and ST-89; transfer of product from the holding tanks to drumming; and batching in reactor 11 and 12. Employees were exposed to materials such as, but not limited to, isopropyl alcohol, hydrogen peroxide, and other highly hazardous materials utilized in the processes. i.e. Torq Trim II.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119 ( d)(3 )(i)(B) which was contained in OSHA inspection number 438031, citation number 1, item number 3 and was affirmed as a final order on December 04, 2012, with respect to a workplace located at 453 Callahan Road, Dalton, GA.
Citation 2 Item 3
Type of Violation: Repeat; $10,780
29 CFR 1910.119(d)(3)(i)(D): The process safety information (PSI) pertaining to the equipment of the process did not include the relief.system design and the design basis:
a) The employer’s PSI (Process Safety Information) pertaining to the equipment in the process failed to provide the relief system calculations and sizing of safety relief devices for the reactors, condensers, receivers and other pressure vessels. Employees were exposed to a fire/explosion hazard while performing duties involving the manufacture of specialty chemicals. i.e. Torq Trim II, Amide Chloride and 404.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.119 (d)(3)(i)(D), which was contained in OSHA inspection number 438031, citation number 1, item number 4 and was affirmed as a final order on December 04, 2012, with respect to a workplace located at 453 Callahan Road, Dalton, GA.
Citation 2 Item 4
Type of Violation: Repeat; $7,700
29 CFR 191O.146(g)(1): The employer did not provide training so that all employees whose work was regulated by 29 CFR 1910.146 (permit required confined spaces) acquired the understanding, knowledge, and skills necessary for the safe performance of the duties assigned under 29 CFR 1910.146:
a) The employer failed to ensure that training on permit confined space entry was implemented for all employees participating in confined space entry activities. Employees were exposed to inhalation hazards, oxygen deficient atmospheres, engulfment and other hazards while entering reactors, tanks and other confined spaces to perform repairs, maintenance and other activities. i.e hydrogen peroxide, ammonia, isopropyl alcohol and other hazardous material.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.146 (g)(I), which was contained in OSHA inspection number 438031, citation number 1, item number 12b and was affirmed as a final order on December 04, 2012, with respect to a workplace located at 453 Callahan Road, Dalton, GA.
Citation 2 Item 5
Type of Violation: Repeat; $10,780
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:
a) (Old Production Area-small): No warning mechanism was activated when overpressurization of K-3 reactor occurred causing vapors to emerge from the reactor and consumed the production area requiring employees to evacuate the plant. No warning sign, as indicated by the company’s emergency action plan, was activated to notify personnel in an adjoining production area or throughout other areas of the plant to evacuate.
On or about July 07, 2014 a massive vapor release occurred that resulted in serious life threatening injury to an employee. It was determined that failure to close and adequately secure the manway on K-3 reactor was not completed as charging of reactive chemical (hydrogen peroxide) were introduced into the reactor.
Business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.165(b)(l), which was contained in OSHA inspection number 438031, citation number 1, item number 15 and was affirmed as a final order on December 04, 2012, with respect to a workplace located at 453 Callahan Road, Dalton, GA.
Citation 3 Item 1
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee is fit tested or required to use the respirator in the workplace:
a) The employer failed to provide medical evaluations for all employees required to utilize a Drager full face respirator during periods of an exposure to determine the employees ability to utilize the respirator. Employees were exposed to materials such as, but not limited to, ammonia, isopropyl alcohol, maleic anhydride other hazardous materials while engaged in confined space entry, line breaking, inhalation of toxic materials, emergency situations and other periods of appropriate usage.
Citation 3 Item 2
Type of Violation: Other-than-Serious; $0.00
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) The employer failed to provide fit test for all employees required to utilize a Drager full face respirator during periods of an exposure. Employees were exposed to materials such as, but not limited to, ammonia, isopropyl alcohol, maleic anhydride other hazardous materials while
engaged in confined space entry, line breaking, inhalation of toxic materials, emergency situations and other periods of appropriate usage.
Citation 1 Item 1
Type of Violation: Serious; $3,080
29 CFR 1910.23(a)(5): Every pit and floor opening was not adequately guarded by standard railing or any other effective means.
a) The employer exposed employees to a tripping hazard due to a floor drain that was missing the cover. The floor opening was approximately lft. X 3 ft. and was identified below the mezzanine.
Citation 1 Item 2
Type of Violation: Serious; $2,310
29 CFR 1910.23(a)(8): Every floor hole into which persons can accidentally walk were not guarded:
a) The employer exposed employees to a tripping hazard due to a floor drain that was missing the cover. The floor hole was approximately 2 inches in diameter and was identified on the main aisle.
b) The employer exposed employees to a tripping hazard due to a floor drain that was missing the cover. The floor hole was approximately 6 inches in diameter and was identified on the upper mezzanine near reactor K-3.
Citation 1 Item 3
Type of Violation: Serious; $5,390
29 CFR 1910.147(c)(4)(ii)(B): The energy control procedures did not clearly and specifically outline the steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy.
a) The employer developed a Control of Hazardous Energy program with Lockout Tagout procedures that did not explain procedural steps for shutting down, isolating, blocking and securing machines, such as but not limited to, reactors K-1 – K-12, exposing employees to caught-in, struck-by, and electrical shock hazards.
Citation 2 Item 1
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.178(1)(6): The employer did not certify that each operator has been trained and evaluated as required by this paragraph (1):
a) The employer allowed employees to operate forklifts without certifying that operators had been properly trained and evaluated, exposing employees to struck-by hazards.
CLICK HERE for Citations #1
CLICK HERE for Citations #2