Bryan Haywood

OSHA issues PRCS and LOTO citations for oven entries ($119K)

In response to a January 2021 complaint, the department’s Occupational Safety and Health Administration investigated a production facility and found machine operators and maintenance employees entered POWDER-COATING OVENS routinely without testing atmospheric conditions or securing natural gas lines and operating machine parts. By doing so, the employer exposed these workers to dangerous asphyxiation hazards and…...

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2011-2018 Accident Data regarding Permit-Required Confined Spaces

From 2011 to 2018, 1,030 workers died from occupational injuries involving a confined space. The annual figures range from a low of 88 in 2012 to a high of 166 in 2017. These data are from the Bureau of Labor Statistics, Census of Fatal Occupational Injuries (CFOI).  Here is the breakdown of the data…… Membership...

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Oil and Gas Safety Alert: Public Safety at Oil and Gas Upstream Facilities (EPA)

This safety alert on public safety at oil and gas upstream facilities is intended to: Remind upstream (exploration and production) oil and gas facility owners and operators of public safety hazards associated with upstream oil and gas facilities, Remind them of their obligations under the Clean Air Act General Duty Clause (GDC); and Provide information on…...

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EPA issues RMP citations @ WWTP (Cl2, LPG, SO2 & $39K)

Respondent owns a wastewater treatment plant. Chlorine, propane, and sulfur dioxide (anhydrous) are each a ” regulated substance”, as set forth in 40 C.F.R. § 68.130. The Respondent has a wastewater chlorination process at the stationary source. The Respondent’s facility has propane in excess of the 10,000-pound threshold, however, such propane is not used in…...

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EPA issues RMP citations @ chemical and explosives facilities (NH3, Nitric Acid, Oleum, Sulfuric Acid & $257K)

Respondent’s facilities are located in Missouri. On or about March 30-April 1, 2010, EPA conducted an inspection of the Carthage, Missouri facility to determine compliance with 40 C.F.R. Part 68. On or about September 27-29, 2010, EPA conducted an inspection of the Louisiana, Missouri facility to determine compliance with 40 C.F.R. Part 68.  Information collected…...

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EPA issues RMP @ pulp bleaching mill (ClO2 & $32K)

Respondent is the owner and/or operator of operates a pulp bleaching mill. Respondent has registered an RMPlan with the EPA for its Facility and has developed an RMProgram accidental release prevention program for the Facility. Respondent has on-site 19,022 pounds of chlorine dioxide in one RMProgram level 3 covered process, which stores or otherwise uses…...

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EPA issues RMP GDC citations @ food plant (NH3 & $40K & 2,989 pounds release)

Respondent owns and operates a facility with the North American Industry Classification System (NAICS) code of 311230 Breakfast Cereal Manufacturing. The manufacturing facility produces cereal products and snack bars. A refrigeration system is used for the operation of chillers, compressors, and condensers that support manufacturing activities, including the cereal processing area. The refrigeration system uses…...

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Elemental Chlorine (Cl2) is NOT present in sodium hypochlorite (NaOCl)

Whenever I am doing a Chlorine project this always comes up, as I almost always try and get anyone who is using elemental chlorine to make the switch to “bleach”, or sodium hypochlorite (NaOCl).  Too many facilities are not capable of safely storing and handling elemental chlorine – that is just a hard fact.  These…...

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Does your LOTO training include some basic ESRWP training?

In a lot of older plants, personnel who are locking out equipment are not granted the convenience of a “local electrical disconnect,” meaning they have to use what I call “knife disconnects” such as this: Or do we make the qualified electrical workers the “gatekeepers” of all electrical LOTO, and thus only they operate these…...

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OSHRC vacates HAZWOPER citation for response to NH3 @ a power plant

This case has bounced around for a while now, but the power plant won their case and had the 29 C.F.R. § 1910.120(q)(3)(iv) citation vacated by the OSHRC.  On a personal note, I agree with the dissenting opinion.   Only Item 2 of that citation is at issue on review—it alleges a violation of 29 C.F.R…....

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DOJ puts Ice Plant (NH3 refrigeration) on notice for failing to implement an RMP

You have to be really special to get EPA’s Criminal Investigation Division involved in your RMP inspection – DONT BE SPECIAL! But once again we have a NH3 refrigeration facility just not “getting it”… The case was prosecuted by Assistant U.S. Attorney Terrence P. Donnelly, with the assistance of Dianne Chabot, EPA Regional Criminal Enforcement…...

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