Following injuries to seven workers, including chemical burns to the skin and irritation to their respiratory tracts requiring urgent medical treatment, OSHA has cited the company for six violations, including two willful violations. The workers were injured after exposure to an acid mixture while cleaning a spill that occurred at the facility on Oct. 30, 2013. Here is a breakdown of the citations:
Approximately 15-20 gallons of phosphoric/sulfuric acid were released from an over pressurized hose at the facility. OSHA’s investigation found that employees were directed to perform clean-up operations despite the company’s written policy to bring in qualified outside services for this type of work. Following the cleanup, the employees started to experience symptoms of exposure to acid, including shortness of breath, headache, skin irritation and burns. The respiratory distress required urgent medical care.
OSHA has cited two willful violations for directing employees to respond to an acid spill without conducting a hazard evaluation, lack of personal protective equipment and failing to train workers in emergency response procedures. Plant was also cited for four serious safety violations including failing to develop an emergency response plan; provide decontamination and first aid treatment for responders; and provide respiratory and personal protective equipment for use during cleanup.
Citation 1 Item 1a
Type of Violation: Serious; $7,000
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 October 30, 2013 the emergency response plan was not implemented when employees responded and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area. b) On or about October 30, 2013 the emergency response plan was not made available to employees who responded and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area.
Citation 1 Item 1b
Type of Violation: Serious; Grouped
29 CFR 1910.120(q)(2)(ii): The emergency response plan did not address, to the extent not addressed elsewhere, personnel roles, lines of authority, and communication:
a) The Emergency Response and Contingency Plan did not address the roles of the First Response Team members and how to maintain a line of authority during a chemical spill response.
Citation 1 Item 1c
Type of Violation: Serious;Grouped
29 CFR 1910.120(q)(2)(vii): The emergency response plan did not address, to the extent not addressed elsewhere, decontamination:
a) On or about October 30, 2013, employees immediately returned to work with contaminated clothing after responding and cleaning up a phosphoric/sulfuric acid spill, exposing them to chemical acid bums to the skin. The Emergency Response and Contingency Plan did not address decontamination of employees or equipment following response to a chemical spill.
Citation 1 Item 1d
Type of Violation: Serious; Grouped
29 CFR 1910.120(q)(2)(viii): The emergency response plan did not address, to the extent not addressed elsewhere, emergency medical treatment and first aid:
a) On or about October 30, 2013, four First Response Team employees sought their own medical treatment after responding and cleaning up a phosphoric/sulfuric acid spill that occurred in the Monel EP area. The Emergency Response and Contingency Plan did not address the emergency medical treatment and first aid for members of the First Response Team with injuries from the chemical spill response.
Citation 1 Item 2a
Type of Violation: Serious; $7,000
29 CFR 1910.120(q)(3)(iv): Employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard, did not wear positive pressure self-contained breathing apparatus until such time that the individual in charge of the incident command system determined through the use of air monitoring that a decreased level of respiratory protection would not result in hazardous exposures to employees:
a) On or about October 30, 2013, employees responded to and cleaned up a phosphoric/sulfuric acid spill that occurred in the Monel EP area. The employer did not evaluate or perform any site characterization prior to, during or after the incident. Selfcontained breathing apparatus (SCBA) respirators were not available or provided for employee use.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1910.134(d)(1)(iii): When the employer was unable to identify or reasonably estimate the employee exposure, the employer did not consider the atmosphere to be IDLH:
a) On or about October 30, 2013 employees responded and cleaned up a phosphoric/sulfuric acid spill that occurred in the Monel EP area. No evaluation or monitoring of respiratory hazards was performed and the company did not consider the area to be immediately dangerous to life or health (IDLH).
Citation 1 Item 3
Type of Violation: Serious; $5,000
29 CFR 1910.120(q)(3)(v): The individual in charge of the ICS did not limit the number of emergency response personnel at the emergency site, in those areas of potential or actual exposure to incident or site hazards, to those who were actively performing emergency operations:
a) On or about October 30, 2013, the First Response Team responded to and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area. The incident commander did not prevent any employees in the area from assisting with the cleanup.
Citation 1 Item 4
Type of Violation: Serious; $7,000
29 CFR 1910.120(q)(3)(ix): After emergency operations had terminated, the individual in charge of the incident command system did not implement appropriate decontamination procedures:
a) On or about October 30, 2013, no decontamination procedures were performed for First Response Team employees that responded and cleaned up a phosphoric/sulfuric acid spill that occurred in the Monel EP area.
Citation 2 Item 1
Type of Violation: Willful; $70,000
29 CFR 1910.120(q)(3)(iii): Based on the hazardous substances and/or conditions present, the individual in charge of the ICS did not implement appropriate emergency operations and did not ensure that the personal protective equipment worn was appropriate for the hazards encountered:
a) On or about October 30, 2013, employees responded and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area. The incident commander in charge did not evaluate conditions and provide employees responding with personal protective equipment such as, but not limited to respiratory protection or acid resistant clothing.
Citation 2 Item 2a
Type of Violation: Willful; $70,000
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 October 30, 2013, employees responded and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area by placing absorbing socks and pads to prevent spreading of the spill. These employees were not provided with at least eight hours of training.
Citation 2 Item 2b
Type of Violation: Willful; Grouped
29 CFR 1910.120(q)(6)(iii): Employees who participated as hazardous materials technicians, or were expected to participate as hazardous materials technicians, had not received at least 24 hours of training equal to the first responder operations level, and in addition have competency in the areas outlined in 29 CFR 1910.120(q)(6)(iii)(A) through (q)(6)(iii)(I) and/or the employer did not so certify:
a) On or about October 30, 2013, employees responded and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area. Employees did not have an understanding of the proper response actions, chemical hazards involved or proper protective equipment required to prevent injuries from the acid. Employees were not provided with at least 24 hours of training.
Citation 2 Item 2c
Type of Violation: Willful; Grouped
29 CFR 1910.120(q)(6)(v): Incident commanders did not receive at least 24 hours of training equal to the first responder operations level and in addition have competency in the areas outline in 29 CFR 1910.120(q)(6)(v)(A) through (q)(6)(v)(F) and/or the employer did not so certify:
a) On or about October 30, 2013 employees responded and cleaned up a phosphoric/sulfuric acid spill in the Monel EP area. The incident commander did not perform an evaluation of the spill, implement an incident command system or implement the company emergency response plan. The incident commander was not provided with at least 24 hours of training.
https://www.osha.gov/ooc/citations/CooperPowerSystemsLLC_94558.pdf