PSM and RMP Citations/Analysis

OSHA initiated an inspection on Nov. 21, 2014, as a follow-up to its May 30, 2013, inspection. Company received two failure-to-abate notices for hazards for which the employer had been cited previously: not maintaining process equipment and not adequately addressing the potential impact of a vapor cloud explosion on an occupied temporary trailer.  Additionally, OSHA…...

Four workers were killed by a lethal dose of methyl mercaptan gas in November 2014.  OSHA has cited the company for 11 safety violations and identified scores of safety upgrades the company must undertake to prevent future accidents at its manufacturing building. The company employs 313 workers who manufacture crop protection materials and chemicals there.  The…...

An explosion and fire in October 2011 injured 52 workers and this week a provincial court judge sentenced the business to a $200,000 fine and an $80,000 “victims of crime” surcharge.  On 1/22/15, the company pleaded guilty to a charge under the Saskatchewan Occupational Health and Safety Act that the refinery failed to ensure that…...

An ammonia refrigerated food processing facility will pay a civil penalty of $3,000,990 for violations of the Clean Air Act and EPCRA, and $8,865 for violations of CERCLA resulting from a 32,000 pound release of ammonia.  This after OSHA cited the facility for the same release in 2011 for $52,500 for 16 PSM violations.  ALL,…...

Respondent is the operator of an aerosol and non-aerosol product manufacturing and packaging facility. The Facility, including its chemical storage tanks, is located less than 0.1 mile from the nearest neighboring commercial/industrial facility. There are several commercial facilities within a 1,000 foot radius of the Facility. Respondent manufacturers and packages into personal-sized containers a number…...

This is not just another RMP General Duty Clause case.  This case centers around a “critical utility” and how its FAILURE led to the release of a flammable gas and explosion.  And the critical utility was the plant air system and the critical component was air dryer.  The facility had recognized these systems as critical…...

On May 24,2012, EPA conducted a compliance inspection of Respondent’s facility to determine compliance with the Risk Management Program (“RMP”) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Act. EPA found that the Respondent had violated regulations implementing Section 112(r) of the Act by failing to comply with the regulations. The…...

Respondent produces processes, handles, or stores, among other things, propane, hydrogen. isopentane, pentane, isobutane, and methane, which are all listed at 40 CFR Part 68 as extremely hazardous flammable chemicals.  On August 3, 2014, there was a release of flammable substances from piping at the facility and a fire ensued.  There were no injuries or…...

A manufacturer of custom-sized resin balls used as flotation devices in the petroleum and fracking industries failed to protect its employees from the risk of death or serious injury from potential fires, explosions and other hazards by not providing and using mandatory safeguards.  Officials from OSHA began inspecting the plant in October 2014, in response…...

OSHA has issued several PSM citations at a natural gas processing facility from an inspection that began in October 2014.  This was an unannounced planned Chem NEP inspection.  Of special note, these violations include issues with not having a Car Seal Program for valves within the relief path(s) of several relief devices.  OSHA referenced ASME…...

On May 15, 2013, EPA conducted a compliance inspection of Respondent’s facility to determine compliance with the Risk Management Plan (RMP) regulations promulgated at 40 C.F.R. part 68 under section 112(r)(7) of the Act. The EPA found that the Respondent had violated regulations implementing section 112(r)(7) of the Act by failing to comply with the…...

Unsafe use of chlorine gas was discovered by OSHA in September 2014 after a complaint prompted an inspection. Investigators found employees endangered by permit-required confined space hazards while working in foundry furnaces. As a result, OSHA issued 31 serious health and safety citations with proposed penalties of $160,200. Inspectors determined the company failed to train…...