OSHA began a programmed-targeted inspection on July 23, 2015, under the agency’s Process Safety Management Covered Chemical Facilities National Emphasis Program to reduce or eliminate the release of highly hazardous chemicals. Following the inspection of the plant’s anhydrous ammonia refrigeration system, OSHA issued citations for 11 serious and three repeat violations and also placed the company in its Severe Violator Enforcement Program. Some of the 11 serious violations cited include failing to:
SPECIAL NOTE: This company had a PSM related fatality in 2015 at a facility located in Canada. A sub-contractor working for an oil analysis company died from NH3 release event. Details have not yet been released from the Ontario Ministry of Labour.
- Provide written notice of annual audiograms.
- Refit workers for hearing protection and training.
- Test ammonia detectors, and implement an emergency response plan for potential release of anhydrous ammonia.
- Provide an annual fit test for respirator use.
- Provide a medical evaluation to determine employee’s ability to use a respirator.
The repeat violations, all relating to the PSM, include failing to:
- Include a relief design system for the process safety information to maintain adequate pressure.
- Provide accurate calculations for the ventilation system design.
- Provide adequate procedures for draining oil pot vessels.
Citation 1 Item 1
Type of Violation: Serious; $6,600
29 CFR 1910.95(g)(8)(i): When a comparison of the annual audiogram to the baseline audiogram indicates a standard threshold shift, as defined in 29 CFR 1910.95(g)(10) has occurred, the employee was not informed of this fact in writing, within 21 days of the determination:
The employer did not provide employees in writing of a threshold shift employees whose noise exposure levels exceeded the action level 85dbA, the employer was notified of employees threshold shifts on December 11, 2014 as follows:
Employee S6 was determined to have a threshold shift on December 11, 2014
Employee S5 was determined to have a threshold shift on December 11, 2014
Citation 1 Item 2
Type of Violation: Serious; $6,600
29 CPR 1910.95(g)(8)(ii)(B): Unless a physician determines that the standard threshold shift is not work-related or aggravated by occupational noise exposure, the employer did not ensure, when a standard threshold shift occurs, that for employees already using hearing protectors, employees be refitted and retrained in the use of hearing protectors and provided with hearing protectors offering greater attenuation if necessary:
Employees exposed to noise exposure levels which exceeded the action level of 85 dbA were not refitted with hearing protection with greater attenuation or retrained on the use of hearing protectors after employer was notified of their possible standard threshold shift.
Citation 1 Item 3
Type of Violation: Serious; $7,000
29 CFR 1910.95(g)(8)(ii)(C): Unless a physician determines that the standard threshold shift is not work-related or aggravated by occupational noise exposure, the employer did not ensure, when a standard threshold shift occurs, the employee was referred for a clinical audiological evaluation or an ontological examination, as appropriate, if additional testing is necessary or if the employer suspects that a medical pathology of the ear is caused or aggravated by wearing of hearing protectors:
The employer did not ensure a physician determined that the standard threshold shift was not work-related.
Citation 1 Item 4
Type of Violation: Serious; $7,000
29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices:
This violation was most recently observed on or about July 23, 2015 and times thereafter, in the Ammonia Refrigeration Process when the engine room front and back access doors were not equipped with tight-fitting seal and self-closing as stipulated in RAGAGEP (Recognized and Generally Accepted Engineering Practice), such as, but not limited to, ANSI/ASHRAE Standard 15 – 2013 section 8.12.
Citation 1 Item 5
Type of Violation: Serious; $7,000
29 CFR 1910.119(e)(5): The employer did not establish a system to promptly address the team’s findings and recommendations:
This violation was most recently observed on or about July 23, 2015 and times thereafter, in the Ammonia Refrigeration Process when the employer did not resolve in a timely manner the 2014 PHA team’s findings and recommendations; including but not limited to:
- Site associates must ensure Piping and Instrument Diagram (P&ID) are updated appropriately following MOC changes (BRO-PHA-1404). Target Date of Completion 11/2014. As of July 23, 2015 this PHA item had not been completed.
- Site associates should evaluate the practice of having the delivery truck pull a vacuum prior to disconnection as an SOP (BRO-PHA-1417). Target Date of Completion 1/2015. As of July 23, 2015 this PHA item had not been completed.
- Should the response activities be outsourced, site associates should document their Memorandum of Understanding (MOU) with the local fire department and the Local Emergency Planning Commission (LEPC) (BRO-PHA-1421). Target Date of Completion 04/2015. As of July 23, 2015 this PHA item had not been completed.
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 6a
Type of Violation: Serious; $7,000
29 CFR 1910.119(j)(2): The employer did not implement written procedures to maintain the on-going integrity of process equipment.
This violation was most recently observed on or about July 23, 2015 in the engine room when the employer did not implement Mechanical Integrity procedure to ensure the insulation on process piping, such as, but not limited to, -49 F Recirculator Outlet to Main Liquid Valve was repaired and sealed to prevent condensation and corrosion.
Citation 1 Item 6b
Type of Violation: Serious
29 CFR 1910.119(j)(5): The employer did not correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.
This violation was most recently observed on or about July 23, 2015 in the engine room when the employer failed to ensure the insulation on process piping, such as, but not limited to, -49F Recirculator Outlet to main liquid valve was repaired and sealed to prevent condensation and corrosion.
Citation 1 Item 7
Type of Violation: Serious; $7,000
29 CFR 1910.119(j)(4)(i): Inspections and tests were not performed on process equipment:
This violation was most recently observed on or about July 23, 2015 and times thereafter, in the Ammonia Refrigeration Process when the employer failed to perform inspections and tests on the eight Ammonia detectors (Honeywell Analytics) and alarms located in the machine room, freezers, cooler and dock area.
Citation 1 Item 8
Type of Violation: Serious; $3,300
29 CFR 1910.119(1)(4): When a change covered by this paragraph resulted in a change in the process safety information required by paragraph (d) of this section, such information was not updated accordingly.
This violation was most recently observed on or about July 23, 2015 and times thereafter, in the Ammonia Refrigeration Process when the Piping and Instrument Diagram (P&ID) was not updated to reflect the addition of the 6-inch relief header in 2012.
Citation 1 Item 9
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:
On or about July 23, 2015 and times thereafter, the employer did not implement an emergency response plan that addressed provisions, such as but not limited to pre-emergency planning and coordination with outside parties such as with the Brownsville Fire Departments.
Citation 1 Item 10
Type of Violation: Serious; $7,000
29 CFR 1910.134(e)(1): The employer did not provide a medical evaluation to determine the employee’s ability to use a respirator, before the employee was fit tested or required to use the respirator in the workplace:
On or about July 23, 2015, in the Ammonia Refrigeration Process the employer did not ensure employees who are required to use tight-fitting facepiece respirators were provided with a medical evaluation prior to use.
Citation 1 Item 11
Type of Violation: Serious; $7,000
29 CFR 1910.134(f)(2): The employer did not ensure that an employee using a tight-fitting facepiece respirator was fit tested prior to initial use of the respirator, and at least annually thereafter.
On or about July 23, 2015, in the Ammonia Refrigeration Process the employer did not ensure employees who are required to use tight-fitting facepiece respirators were fit tested at least annually.
Citation 2 Item 1
Type of Violation: Repeat; $27,500
29 CFR 1910.119(d)(3)(i)(D): Process safety information pertaining to the equipment in the process did not include Relief system design and design basis:
This violation was most recently observed on or about July 23, 2015 and times thereafter, in the Ammonia Refrigeration Process when the process safety information did not include the relief system design and design basis.
Company was previously cited for a violation of this Standard or its equivalent standard 29 CFR 1910.119(d)(3)(1)(D) which is contained in OSHA Inspection Number 314096546, Citation Number 1 Item 8 a, issued on May 16, 2012 with respect to a workplace located in GA. This file became Final Order on June 7, 2012.
Citation 2 Item 2
Type of Violation: Repeat; $27,500
29 CFR 1910.119(d)(3)(i)(E): Process safety information pertaining to the equipment in the process did not include the ventilation system design;
This violation was most recently observed on or prior to July 23, 2015, in the Ammonia Refrigeration Process when accurate calculations of the engine room ventilation system design and design basis were not included in the process safety information.
Company was previously cited for a violation of this Standard or its equivalent standard 29 CFR 1910.119(d)(3)(i)(E) which is contained in OSHA Inspection Number 314096546, Citation Number 1 Item 6 b, issued on May 16, 2012 with respect to a workplace located in GA. This file became Final Order on June 7, 2012.
Citation 2 Item 3
Type of Violation: Repeat; $27,500
29 CPR 1910.119(f)(1)(i)(B): The employer’s written operating procedures covering the steps for each operating phase did not address normal operations;
Throughout the ammonia refrigeration system, on or about July 23, 2015 and at times prior to, the standard operating procedures were not adequate, in that a single oil pot draining procedure was developed for vessels that were maintained at positive pressure (-28 F Recirculator and +15F Intercooler) and negative pressure (-49 F Recirculator).
Company was previously cited for a violation of this Standard or its equivalent standard 29 CFR 1910.119(f)(l)(i)(B) which is contained in OSHA Inspection Number 314096546, Citation Number 1 Item 9a, issued on May 16, 2012 with respect to a workplace located in GA. This file became Final Order on June 7, 2012.
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