Bryan Haywood

OSHA Penalty Adjustments to Take Effect August 1, 2016

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor is adjusting penalties for its agencies, including the Occupational Safety and Health Administration (OSHA).  OSHA’s maximum penalties, which were last adjusted in 1990, will increase by 78%. Going forward, the agency will continue

EPA RMP Citations @ polyhydric alcohol production process (Flammables & $66K)

Respondent has submitted and registered an RMPlan to the EPA for its stationary source and has developed an RMProgram accidental release prevention program for the stationary source. Respondent operates polyhydric alcohol production process that uses ethylene oxide, propylene oxide, and ethylenediamine in the polyhydric alcohol production process. Respondent has one RMProgram level 3 covered process, polyhydric

EPA RMP Citations @ food plant (NH3 & $121K)

Respondent owns and operates a 210,000 square foot fresh fruits and vegetables processing and cold storage facility. The facility includes one RMProgram regulated closed-looped ammonia refrigeration system. The refrigeration system represents an RMProgram level 3 covered process which currently stores or otherwise uses 27,300 pounds of anhydrous ammonia, in amounts exceeding the applicable threshold of

EPA RMP General Duty Clause citations @ tote recycler/manufacturer (Chemical Reaction & $37K)

Respondent owns and operates a container molding facility where it manufactures and recycles high density polyethylene containers ranging in size from fifty-five to 330 gallons (“containers”). The larger containers are encased in a steel cage for extra support. As part of its recycling operations, the Facility accepts used containers which routinely contain small amounts of

2016 Photo of the Week #30 (Sanitation)

It is become more common to find this type of set up on our audits.  We don’t see this cited often but OSHA will cite this very set up using: 1910.141(g)(2) Eating and drinking areas. No employee shall be allowed to consume food or beverages in a toilet room nor in any area exposed to a

Appropriations Bill Blocks OSHA’s efforts to revise the “retail exemption” as it applies to Anhydrous Ammonia @ Fertilizer Distributors

The House Appropriations Committee has approved language blocking OSHA’s efforts to cover Anhydrous Ammonia bulk processes located at “fertilizer businesses”. The legislation now awaits consideration on the House floor. The bill prevents OSHA from revising a previous enforcement position relating to the “retail exemption” (1910.119(a)(2)(i) that would pull around 4,800 anhydrous ammonia fertilizer facilities into

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