As I said in my previous posts on GDC PSM citations, this is new territory for me and OSHA enforcement. I was always taught (and by some very sr. OSHA personnel) that OSHA can not use the GDC to enforce hazards for which OSHA already has a standard for. It was OSHA’s “carrot and stick” approach to PSM, stating that if a facility gets below the HHC’s PSM TQ, then it would not have to comply with PSM. But here we are in 2026, and we have the following:
- Check valve issues
- NH3 receiver had surface corrosion
- Piping had insulation and corrosion issues
- Ice build up on valves
OSH ACT of 1970 Section (5)(a)(1): 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 contact with anhydrous ammonia from potentially catastrophic releases from the refrigeration system of a facility used for freezing and storage of fried foods. XXXXXXXX Inc. located in Tiffin, Ohio:
On or about March 26, 2025 and at times thereafter, in the machinery rooms, freezer rooms, refrigerated workrooms, and outside the facility where equipment and piping for the refrigeration system is located the employer did not ensure that employees were protected from anhydrous ammonia hazards. A check valve on the refrigeration system was leaking resulting in the release of ammonia vapors in the freezer palletizing area. Additionally, the ammonia receiver showed evidence of surface corrosion and pitting, ammonia system piping located inside the machinery room and outside near the receiver exhibited peeling paint, surface corrosion and pitting, and machinery room equipment and piping exhibited ice buildup which has fully covered a valve on the system. These conditions exposed employees to hazards associated with the release of anhydrous ammonia such as, but not limited to, irritation to the eyes, nose, and throat, corrosive burns, eye damage, fire, and explosion. In accordance with 29 CFR 1903.19(d), abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence, or written records.