OSHA uses the General Duty Clause (GDC), Section 5(a)(1) of the OSH Act as a “gap filler” to cite employers for recognized chemical hazards when a specific standard (like the Process Safety Management standard, 29 CFR 1910.119) does not technically apply. There are some critical legal limitations on GDC Enforcement: OSHA’s ability to invoke 5(a)(1)…...
Not having an ammonia detection system, which had been cited the previous year, also as a GDC; however, it seems the business was sold, and the new owner was cited for not addressing the detection system…. Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...
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”…...
Apparently, they can and have. Here are some GDC citations for an NH3 refrigeration process. These were part of a large release inspection that included some HAZWOPER and HAZCOM citations. My only guess is that these GDC citations are tied directly to the NH3 release, but I have not yet seen the field notes, so…...
The 2027 edition of the standard includes new definitions for the terms battery energy storage system and lithium-based battery with associated annex material. Updates have been made in Section 6.2 to align with NFPA 1 regarding 1A and 1B flammable gases and to further clarify that Category 1B has a lower flammability than Category 1A…...
OSHA is proposing several updates to its Respiratory Protection Standard (29 CFR 1910.134) as part of a broader deregulatory effort to reduce employer compliance costs and provide greater flexibility, without compromising worker safety. Here are the key changes currently on the table:… Membership Required You must be a member to access this content.View Membership LevelsAlready...
SAFTENG NOTE 1: Two (2) of those being prosecuted were risk prevention technicians; one was a company employee, and one was a contractor SAFTENG NOTE 2: This silo explosion is very similar to the recent silo explosion in ME that took the life of a Firefighter Three (3) executives from an industrial wood processing and…...
If we look closely at this ISO container, specifically between the two (2) placards, we will see a laminated GHS label with the product identifier, pictogram(s), signal word, manufacturer’s name, and phone number. But is that middle label required on this ISO container?… Membership Required You must be a member to access this content.View Membership...
When flammable liquid tanks are equalized — meaning they are interconnected by piping that allows fluid levels to equalize between them — we MUST account for this in our secondary containment design. From a regulatory and engineering standpoint, the governing principle is to protect against the worst-case single-event release. If tanks are interconnected, a failure…...
Now that we have laid out the code requirements for conducting the visual inspection of pipe welds, let’s discuss how this must be documented…. Membership Required You must be a member to access this content.View Membership LevelsAlready a member? Log in here...
ASME Section V, Article 9 places the responsibility for the designation and qualification of these individuals on the organization (the employer or manufacturer). The organization is responsible for assigning “qualified personnel” to perform visual examinations. ASME Section V requires that personnel be qualified and certified in accordance with a program established by their employer. The…...
The next layer of the onion to unpack is the specific requirements for performing “Visual Examinations”. This is all part of the installer’s Quality Assurance program. We are getting deep into the weeds as we “peel this onion”, but these are CRITICAL needs to ensure our pipe is erected properly per the ASME B31 code(s)…....
