On May 31, 2012, Employees #1 through #6 were working when an evaporator that had been deactivated was mistakenly activated by a worker. Approximately 68.5 pounds (31 kilograms) of ammonia were released on an overhead catwalk. Employees #1 through #6 inhaled the fumes, and they were transported to a hospital. Employee #1 was not hospitalized, but Employees #2 through #6 were. The narrative did not specify whether the inadvertent release of the ammonia was caused by a coworker or one of the six employees who were injured. Here is a breakdown of the OSHA citations:
NOTE: Rare Emergency Alarm citations using 1910.165, but this was a PSM covered facility.
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Violation Summary
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|---|---|---|---|---|---|
| Serious | Willful | Repeat | Other | Total | |
| Initial Violations | 21 | 1 | 7 | 29 | |
| Current Violations | 21 | 1 | 7 | 29 | |
| Initial Penalty | $114,450 | $0 | $12,600 | $1,950 | $129,000 |
| Current Penalty | $85,840 | $0 | $9,450 | $1,460 | $96,750 |
| Violation Items | ||||||||
|---|---|---|---|---|---|---|---|---|
| # | ID | Type | Standard | Issuance | Abate | Curr$ | Init$ | LastEvent |
| 1. | 01001A | Repeat |
19100212 A03 II – The point of operation of machines whose operation exposes an employee to injury, shall be guarded. The guarding device shall be in conformity with any appropriate standards therefor, or, in the absence of applicable specific standards, shall be so designed and constructed as to prevent the operator from having any part of his body in the danger zone during the operating cycle. |
11/21/2012 | 11/26/2012 | $9,450 | $12,600 |
I – Informal Settlement |
| 2. | 01001B | Repeat |
19100212 A01 – Types of guarding. One or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks. Examples of guarding methods are-barrier guards, two-hand tripping devices,electronic safety devices, etc. |
11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 3. | 02001 | Serious |
19100023 C01 – Rungs and steps of portable metal ladders are corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize the possibility of slipping; |
11/21/2012 | 11/26/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 4. | 02002 | Serious | 19100023 E01 | 11/21/2012 | 11/26/2012 | $2,438 | $3,250 |
I – Informal Settlement |
| 5. | 02003 | Serious | 19100024 B | 11/21/2012 | 11/26/2012 | $1,463 | $1,950 |
I – Informal Settlement |
| 6. | 02004 | Serious | 19100024 F | 11/21/2012 | 11/26/2012 | $1,463 | $1,950 |
I – Informal Settlement |
| 7. | 02005A | Serious | 19100027 D01 III | 11/21/2012 | 11/26/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 8. | 02005B | Serious | 19100027 B01 II | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 9. | 02006 | Serious |
19100119 D03 II – The employer shall document that equipment complies with recognized and generally accepted good engineering practices. |
11/21/2012 | 11/26/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 10. | 02007A | Serious |
19100119 F01 – The employer shall 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 shall address at least the following elements. |
11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 11. | 02007B | Serious |
19100119 F03 – The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer shall certify annually that these operating procedures are current and accurate. |
11/21/2012 | 01/07/2013 | $0 | $0 |
I – Informal Settlement |
| 12. | 02008 | Serious |
19100119 G03 – Training documentation. The employer shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training. |
11/21/2012 | 12/17/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 13. | 02009 | Serious |
19100119 F04 – The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees. |
11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 14. | 02010 | Serious |
19100119 H02 V – The employer shall periodically evaluate the performance of contract employers in fulfilling their obligations as specified in paragraph (h)(3) of this section. |
11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 15. | 02011 | Serious |
19100119 J02 – Written procedures. The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment. |
11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 16. | 02012 | Serious |
19100119 N – Emergency planning and response. The employer shall establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38. In addition, the emergency action plan shall include procedures for handling small releases. Employers covered under this standard may also be subject to the hazardous waste and emergency response provisions contained in 29 CFR 1910.120 (a), (p) and (q). |
11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 17. | 02013A | Serious |
19100120 Q06 IIA – Knowledge of the basic hazard and risk assessment techniques. |
11/21/2012 | 12/17/2013 | $2,438 | $3,250 |
I – Informal Settlement |
| 18. | 02013B | Serious |
19100120 Q08 I – Those employees who are trained in accordance with paragraph (q)(6) of this section shall receive annual refresher training of sufficient content and duration to maintain their competencies, or shall demonstrate competency in those areas at least yearly. |
11/21/2012 | 01/07/2013 | $0 | $0 |
I – Informal Settlement |
| 19. | 02014 | Serious | 19100133 A03 – | 11/21/2012 | 11/26/2012 | $2,438 | $3,250 |
I – Informal Settlement |
| 20. | 02015 | Serious | 19100146 C08 I | 11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 21. | 02016 | Serious |
19100147 F02 I – Whenever outside servicing personnel are to be engaged in activities covered by the scope and application of this standard, the on-site employer and the outside employer shall inform each other of their respective lockout or tagout procedures. |
11/21/2012 | 01/07/2013 | $4,725 | $6,300 |
I – Informal Settlement |
| 22. | 02017 | Serious |
19100165 B02 – The employee alarm shall be capable of being perceived above ambient noise or light levels by all employees in the affected portions of the workplace. Tactile devices may be used to alert those employees who would not otherwise be able to recognize the audible or visual alarm. |
11/21/2012 | 06/30/2014 | $4,725 | $6,300 |
P – Petition to Mod Abatement |
| 23. | 02018 | Serious |
19100165 B03 – The employee alarm shall be distinctive and recognizable as a signal to evacuate the work area or to perform actions designated under the emergency action plan. |
11/21/2012 | 06/30/2014 | $4,725 | $6,300 |
P – Petition to Mod Abatement |
| 24. | 02019 | Serious | 19100212 A05 | 11/21/2012 | 11/26/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 25. | 02020 | Serious | 19100305 B01 II | 11/21/2012 | 11/26/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 26. | 02021 | Serious | 19100305 G02 II | 11/21/2012 | 11/26/2012 | $4,725 | $6,300 |
I – Informal Settlement |
| 27. | 03001A | Other |
19100119 E05 – The employer shall establish a system to promptly address the team’s findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is 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. |
11/21/2012 | 01/07/2013 | $730 | $975 |
I – Informal Settlement |
| 28. | 03001B | Other | 19100119 D03 IE – Ventilation system design; | 11/21/2012 | 01/07/2013 | $0 | $0 |
I – Informal Settlement |
| 29. | 03001C | Other | 19100119 D02 IC – Maximum intended inventory; | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 30. | 03002 | Other | 19100212 B | 11/21/2012 | 11/26/2012 | $730 | $975 |
I – Informal Settlement |
| 31. | 03003A | Other | 19100303 G01 I | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 32. | 03003B | Other | 19100303 G01 II | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 33. | 03004 | Other | 19100305 B01 | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 34. | 03005 | Other | 19100305 B02 | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 35. | 03006 | Other | 19100305 G01 IVA | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
| 36. | 03007 | Other | 19100334 A02 II | 11/21/2012 | 11/26/2012 | $0 | $0 |
I – Informal Settlement |
