A soap and detergent manufacturer faces $161,310 in federal penalties after an OSHA investigation of a chemical gas release that sent a dozen workers to the hospital in July 2024. OSHA initiated an inspection on July 11 after being notified by the Pennsylvania Emergency Management Agency and the facility’s operator about an incident involving a release of nitrogen dioxide gas. The release occurred when chemicals reacted during processing. The facility specializes in producing and distributing maintenance, cleaning, and sanitation solutions.
OSHA inspectors determined the company had taken no action to assess the impact of the release immediately and did not swiftly evacuate workers from the building as a precaution. Inspectors discovered that workers were exposed to nitrogen dioxide gas levels exceeding the chemical’s ceiling limit, resulting in 12 employees being evaluated at a local hospital, with two of them requiring hospitalization.
Additionally, inspectors determined that the company had no emergency response plan in place, and that its respiratory protection and hazard communication programs failed to meet federal requirements. OSHA has cited the business for one repeat violation, and nine serious and two other-than-serious violations.
Here is the breakdown of the citations (1910.120, 1910.134)
Citation 1 Item 1
Type of Violation: Serious; $16,131
29 CFR 1910.28(b)(1)(i): Except as provided elsewhere in this section 29 CFR 1910.28, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level is protected from falling by one or more of the systems described in 29 CFR 1910.28(b)(1)(i):
a.) On or about July 11, 2024, the batch mixing mezzanine/platform was not completely guarded, nor were other acceptable means or methods of fall protection used, exposing employees to a fall hazard of at least 5-feet.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 2a
Type of Violation: Serious; $16,131
29 CFR 1910.120(q)(1): The employer did not develop and implement an emergency response plan to handle anticipated emergencies prior to commencement of emergency response operations:
a.) On or about July 11, 2024, the employer did not develop or implement an emergency response plan for employees who were engaged in emergency response operations associated with a chemical release/spill.
ABATEMENT NOTES: Among other methods, feasible and acceptable means of abatement would be to develop an emergency response plan for emergencies which shall address, as a minimum, the following to the extent that they are not addressed elsewhere:
- Pre-emergency planning and coordination with outside parties;
- Personnel roles, lines of authority, training, and communication;
- Emergency recognition and prevention;
- Safe distances and places of refuge;
- Site security and control;
- Evacuation routes and procedures;
- Decontamination;
- Emergency medical treatment and first aid;
- Emergency alerting and response procedures;
- Critique of response and follow-up; and
- PPE and emergency equipment.
Citation 1 Item 2b
Type of Violation: Serious
29 CFR 1910.120(q)(6)(ii): First responders at the operational level did not receive at least eight hours of training or did not have sufficient experience to objectively demonstrate competency in the areas required by 29 CFR 1910.120(q)(6)(ii)(A) through (q)(6)(ii)(F) and/or the employer did not so certify:
a.) On or about July 11, 2024, the employer did not train employees for emergency response operations associated with chemical releases/spills, which resulted in employee chemical exposures.
ABATEMENT NOTES: Among other methods, feasible and acceptable means of abatement would be to train first responders at the operational level to objectively demonstrate competency in the following areas:
- An understanding of what hazardous substances are, and the risks associated with them in an incident.
- An understanding of the potential outcomes associated with an emergency created when hazardous substances are present.
- The ability to recognize the presence of hazardous substances in an emergency.
- The ability to identify the hazardous substances, if possible.
- An understanding of the role of the first responder awareness individual in the employer’s emergency response plan including site security and control and the U.S. Department of Transportation’s Emergency Response Guidebook.
- The ability to realize the need for additional resources, and to make appropriate notifications to the communication center.
- Knowledge of the basic hazard and risk assessment techniques.
- Know how to select and use proper personal protective equipment provided to the first responder operational level.
- An understanding of basic hazardous materials terms.
- Know how to perform basic control, containment and/or confinement operations within the capabilities of the resources and personal protective equipment available with their unit.
- Know how to implement basic decontamination procedures.
- An understanding of the relevant standard operating procedures and termination procedures.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 3a
Type of Violation: Serious; $16,131
29 CFR 1910.134(c)(1): A written respiratory protection program that included the provisions in 29 CFR
1910.134(c)(1)(i) – (ix) with worksite specific procedures was not established and implemented for required
respirator use:
a.) On or about July 11, 2024, the employer established and implemented a written respiratory protection program for employees who were engaged in chemical manufacturing and spill clean-up, however program lacked elements including, but not limited to:
- Work-site specific procedures
- Procedures for selecting respirators for use in the workplace
- Procedures for proper use of respirators in routine and reasonably foreseeable emergency situations;
- Procedures and schedules for cleaning, disinfecting, storing, inspecting, repairing, discarding (cartridge change out schedule), and otherwise maintaining respirators; and
- Procedures for regularly evaluating the effectiveness of the program.
Citation 1 Item 3b
Type of Violation: Serious
29 CFR 1910.134(d)(1)(iii): The employer did not identify and evaluate respiratory hazards in the workplace to include a reasonable estimate of employee exposure to respiratory hazards and an identification of the contaminant’s chemical state and physical form.
a.) On or about July 11, 2024, the employer did not conduct an evaluation/assessment of the workplace for applicable respiratory hazards.
Citation 1 Item 3c
Type of Violation: Serious
29 CFR 1910.134(k)(1): The employer did not provide respirator training that would ensure each employee could demonstrate knowledge of items in section (i)-(vii):
a.) On or about July 11, 2024, the employer did not provide training to employees required to utilize full-face air purifying respirators as a means of respiratory protection.
Citation 1 Item 4
Type of Violation: Serious; $16,131
29 CFR 1910.1000(a)(1): Employee(s) were exposed to an airborne concentration of Nitrogen Dioxide, listed in Table Z-1, in excess of the ceiling concentration of 5 ppm:
a.) On or about July 11, 2024, during a chemical spill/atmospheric release, employee exposure to airborne concentrations of Nitrogen Dioxide (NO2) exceeded the established ceiling concentration.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury or illness.
Citation 1 Item 5a
Type of Violation: Serious; $16,131
29 CFR 1910.1200(e)(1): The employer did not develop, implement, and/or maintain at the workplace a written hazard communication program which describes how the criteria specified in 29 CFR 1910.1200(f), (g), and (h) will be met, and had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii):
a.) On or about July 11, 2024, the employer did not develop, implement, and/or maintain a written hazard communication program.
b.) On or about July 11, 2024, the employer did not develop, implement, and/or maintain a list of the hazardous chemicals known to be present in the workplace.
ABATEMENT NOTE: Amongst other means, methods to correct this hazard include, but are not limited to:
1.) Developing, implementing, and maintaining a written hazard communication program that includes work-site specific descriptions of how the criteria for labeling and other forms of warning, safety data sheets and employee information and training will be met (i.e. who is responsible, how it will be done, etc.)
2.) Developing and implementing a list of hazardous chemicals known to be present in the workplace.
3.) Identifying and implementing methods inform employees of hazards associated with non-routine tasks, and hazards associated with chemicals contained in unlabeled pipes in their work areas (if applicable).
4.) Identifying and implementing methods for informing contractors of workplace hazards.
5.) Ensuring that the written hazard communication program is made available, upon request, to employees, their designated representatives, the Assistant Secretary and the Director, in accordance with the requirements of 29 CFR 1910.1020(e).
Citation 1 Item 5b
Type of Violation: Serious
29 CFR 1910.1200(h)(2): The employee training did not include the requirements of 29 CFR 1910.1200(h)(2)(i) through (h)(2)(iv):
a.) On or about July 11, 2024, employees work with chemicals during the manufacturing of cleaning products, and did not have hazard communication training.
Citation 2 Item 1
Type of Violation: Repeat – Serious; $80,655
29 CFR 1910.1200(h)(3): The employee training did not include the requirements of 29 CFR 1910.1200(h)(3)(i)
through (h)(3)(iv):
a.) On or about July 11, 2024, facility employees were not afforded all necessary measures to include but not limited to, appropriate work practices, emergency procedures, and personal protective equipment, essential in the event of the presence or a release of hazardous chemical(s).
The business was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.1200(h)(3)(iii), which was contained in OSHA inspection number 1622449, citation number 1, item number 1b and was affirmed as a final order on April, 11, 2023, with respect to a workplace located in Emerson, GA 30137.
ABATEMENT NOTE: Among other methods, feasible and acceptable means of abatement would be to generated and complete employee training that will address the following criteria:
1) What operations have hazardous chemicals present; how employees are to protect themselves from hazardous chemicals.
2) Location and availability of the written HCS program including the required list(s) of hazardous chemicals and SDSs
3) How the employer monitors (e.g., monitoring devices, visual, odor) for hazardous chemicals.
4) The physical and health hazards (including hazards not otherwise classified) of the chemicals in the work area.
5) Measures employees can take to protect themselves from the hazardous chemicals including any specific procedures (e.g., work practices, emergency procedures, PPE).
Citation 3 Item 1
Type of Violation: Other-than-Serious; $0.00
29 CFR 1904.29(b)(1): The employer did not enter each recordable injury or illness on the OSHA 300 log, or equivalent form, in the detail as required by the regulation:
a.) Column F for Case No. 1 on the 2024 OSHA 300 log does not specifically describe injury or illness, part(s) of body affected, or the substance that directly injured / made the employee ill, for an incident that occurred on or about July 11, 2024.
b.) Column F for Case No. 2 on the 2024 OSHA 300 log does not specifically describe injury or illness, part(s) of body affected, or the substance that directly injured / made the employee ill, for an incident that occurred on or about July 11, 2024.
Citation 3 Item 2
Type of Violation: Other-than-Serious; $0.00
29 CFR 1910.146(c)(2): The employer did not inform exposed employees, by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:
a.) Chemical Batch Mixing Section – On or about July 11, 2024, the employer did not maintain legible/intact confined space warning signs on the chemical mixing tanks.
CLICK HERE for the Citations