OSHA has cited an industrial explosives manufacturer with 22 serious and one repeat violations by for failing to correct multiple deficiencies in its chemical process safety management and other workplace safety hazards. The proposed penalty totals $178,400. The inspection, which began in February 2014, was initiated under OSHA’s NEP for PSM. In this case, a number of chemicals including cyclonite and octogen were used throughout the facility. Serious violations were cited for failing to include OSHA-accepted chemical limits in the company’s process safety information; to certify annually that the written operating procedures were current and accurate; to develop diagrams of the explosive manufacturing processes in the facility; and to train workers tasked with chemical and hazardous material cleanups. The repeat violation involves failing to conduct a process safety management compliance audit. A similar violation was cited in 2012 during an inspection at another facility located in McArthur, Ohio. Here is a break down of the PSM and HAZWOPER citations:
PLEASE NOTE: these citations are NOT the final settlement and some are BEFORE the employer’s informal conference. They are shared as a learning tool to show what types of issues OSHA and EPA are finding in their PSM/RMP inspections. I have scrubbed all company information from these postings as this is NOT about any one company, but rather a trend of issues that continue to be found by OSHA and EPA.
Citation 1 Item 1
Type of Violation: Serious; $3,300
29 CFR 1910.119(c)(l): The employer did not develop a written plan of action regarding the implementation of the employee participation required by 29 CFR 1910.119.
The employer does not ensure that a written plan of action regarding the implementation of the employee participation is developed.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to develop a written plan of action regarding the implementation of a process safety program and the involvement of employees in that plan.
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that a written plan of action regarding the implementation of the employee participation is developed.
Citation 1 Item 2a
Type of Violation: Serious; $7,000
29 CFR 1910.119(d)(2)(i)(D): Process safety information pertaining to the technology of the process did not include the safe upper and lower limits for such items as temperatures, pressures, flows or compositions.
The employer does not ensure process safety information pertaining to the technology of the process includes the safe upper and lower limits such as temperatures, pressures, flows or composition.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to include the safe upper and lower limits of the process in the process safety information for the PElN Drying and Booster Manufacturing processes. Safe upper and lower limits of the process include but are not limited to:
- PETN Dryer Temperature
- PETN Dryer Airflow
- PETN Moisture Content
- Kettle Mixture Temperature
- Scrubber Air Flow
- Scrubber Liquid/Water Flow
- Scrubber Filter Inlet Pressure
- Scrubber Media/Demister Pressure Differential
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure process safety information pertaining to the technology of the process includes the safe upper and lower limits such as temperatures, pressures, flows or composition.
Citation 1 Item 2b
Type of Violation: Serious; Grouped
29 CFR 1910.119(f)(1)(ii): The employer’s written operating procedures did not address the following requirements for the operating limits:
(A) Consequences of deviation
(B) Steps required correcting or avoiding deviation
The employer does not ensure the written operating procedures addressed the requirements for operating limits consequence of deviation and steps for correcting and avoiding deviation.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures addressed the requirements for operating limits consequence of deviation and steps for correcting or avoiding deviation. Operating limits include but not limited to:
- PETN Dryer Temperature
- PETN Dryer Airflow
- PETN Moisture Content
- Kettle Mixture Temperature
- Scrubber Air Flow
- Scrubber Liquid/Water Flow
- Scrubber Filter Inlet Pressure
- Scrubber Media/Demister Pressure Differential
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures addressed the requirements for operating limits consequence of deviation and steps for correcting and avoiding deviation.
Citation 1 Item 3
Type of Violation: Serious; $7,000
29 CFR 1910.119(d)(2)(i)(E): Process safety information pertaining to the technology of the process did not include an evaluation of the consequence of deviations, including those affecting the safety and health of employees.
The employer does not ensure process safety information pertaining to the technology of the process includes an evaluation of the consequence of deviations including those affecting the safety and health of employees.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to document the process safety information pertaining to the evaluation of the safety and health effects from deviations of the PETN Drying and Booster Manufacturing processes. Consequences of deviation of process technologies and include but are not limited to:
- PETN Dryer Temperature
- PETN Dryer Airflow
- PETN Moisture Content
- Kettle Mixture Temperature
- Kettle Steam Pressure
- Scrubber Air Flow
- Scrubber Liquid/Water Flow
- Scrubber Filter Inlet Pressure
- Scrubber Media/Demister Pressure Differential
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903 .19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure process safety information pertaining to the technology of the process includes an evaluation of the consequence of deviations including those affecting the safety and health of employees.
Citation 1 Item 4
Type of Violation: Serious; $5,500
29 CFR 1910.119(d)(3)(i)(B): Process safety information pertaining to the equipment in the process did not include the piping and instrument diagrams (P&ID’S).
The employer does not ensure that process safety information pertaining to the equipment in the process includes piping and instrument diagrams.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to develop piping and instrument diagrams for the explosive manufacturing processes in the facility. Processes include but are not limited to:
- The booster production area (building #5)
- The drying system (building #8)
- The scrubber system (across building #5)
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that process safety information pertaining to the equipment in the process includes piping and instrument diagrams.
Citation 1 Item 5
Type of Violation: Serious; $7,000
29 CFR 1910.119(d)(3)(i)(C): Process safety information pertaining to the equipment in the process did not include the electrical classification.
The employer does not ensure that process safety information pertaining to the equipment in the process includes electrical classification.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure that electrical classification was developed and documented for the PETN balloon filling, PETN drying, and booster manufacturing areas of the facility.
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that process safety information pertaining to the equipment in the process includes electrical classification.
Citation 1 Item 6
Type of Violation: Serious; $7,000
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.
The employer does not ensure that process safety information pertaining to the equipment in the process includes relief system design and design basis.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the relief system design and design basis was documented for the steam lines to kettles and the boiler.
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that process safety information pertaining to the equipment in the process includes relief system design and design basis.
Citation 1 Item 7
Type of Violation: Serious; $3,300
29 CFR 1910.119(d)(3)(i)(E): Process safety information pertaining to the equipment in the process did not include ventilation system design.
The employer does not ensure that process safety information pertaining to the equipment in the process includes ventilation system design.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the ventilation system design and design basis was documented for the booster manufacturing area.
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903 .19, within ( 10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that process safety information pertaining to the equipment in the process includes ventilation system design.
Citation 1 Item 8a
Type of Violation: Serious; $3,300
29 CFR 1910.119(d)(3)(i)(F): Process safety information pertaining to the equipment in the process did not include design codes and standards employed.
The employer does not ensure that process safety information pertaining to the equipment in the process includes design codes and standards employed.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to document the design codes and standards used in the design, construction, and maintenance of the explosive manufacturing processes in the facility. Design codes and standards include but are not limited to NFPA495 (Explosive Materials Code), NEC (National Electrical code), UMC (Uniform Mechanical Code) and ANSI.
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure process safety information pertaining to the equipment in the process includes design codes and standards employed.
Citation 1 Item 8b
Type of Violation: Serious
29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices (RAGAGEP).
The employer does not ensure that equipment in the process complies with recognized and generally accepted good engineering practices.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to document that equipment in the process complies with recognized and generally accepted good engineering practices for process equipment in the facility such as but not limited to NFPA495 (Explosive Materials Code), NEC (National Electrical code), UMC (Uniform Mechanical Code) and ANSI (American National Standards Institute).
Equipment includes but is not limited to:
- Ventilation System in the Booster Manufacturing Process
- Heater Motors in the Booster Manufacturing Area
- Fan Motors in the Booster Manufacturing Area
- Electrical Equipment in the PETN Drying, PETN Balloon Filling, and Booster Manufacturing Areas
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure equipment in the process complies with recognized and generally accepted good engineering practices.
Citation 1 Item 9a
Type of Violation: Serious; $7,000
29 CFR 1910.119(d)(3)(i)(H): Process safety information pertaining to the equipment in the process did not include safety systems (e.g. interlocks, detection or suppression system).
The employer does not ensure that process safety information pertaining to the equipment in the process includes safety systems.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to document the process safety information for equipment safety systems and interlocks in the process. Safety systems include but are not limited to:
- Emergency stop buttons for mixing kettles
- Scrubber High Pressure Differential cut-off
- Scrubber Low Water flow cut-off
This condition exposed employees to inhalation, fire, and explosion hazards.
Pursuant to 29 C.F.R. 1903.19, within (10) calendar days of the abatement date the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure that process safety information pertaining to the equipment in the process includes safety systems
Citation 1 Item 9b
Type of Violation: Serious; Grouped
29 CFR 1910.119(f)(1)(iv): The employer’s written operating procedures did not address requirements for the safety systems and their functions.
The employer does not ensure the written operating procedures addresses requirements for safety systems and their functions.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures addressed the safety systems and their functions for the balloon filling, PETN drying, and booster manufacturing processes.
Safety systems include but not limited to:
- Booster Manufacturing Kettle Emergency Stop (E-Stop)
- Emergency Sirens/Notifications.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures addresses requirements for safety systems and their functions.
Citation 1 Item 10
Type of Violation: Serious; $7,000
29 CFR 1910.119(e)(l): The employer did not perform a hazard evaluation of the processes covered by this standard.
The employer does not ensure that a hazard evaluation of the explosive manufacturing process was performed.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure that a hazard evaluation of the explosive manufacturing process was performed.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure that a hazard evaluation of the explosive manufacturing process was performed.
Citation 1 Item 11a
Type of Violation: Serious; $7,000
29 CFR 1910.119(f)(1)(i)(A): The employer’s written operating procedures covering the steps for each operating phase did not address initial startup.
The employer does not ensure that the written operating procedures covering the steps of each operating phase addressed initial startup.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure that the written operating procedures for the booster manufacturing and PETN powder/drying processes addressed initial startup.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure that the written operating procedures covering the steps of each operating phase addressed initial startup.
Citation 1 Item 11b
Type of Violation: Serious; Grouped
29 CFR 1910.119(f)(1)(i)(G): The employer’s written operating procedures covering the steps for each operating phase did not address startup following a turnaround, or after an emergency shutdown.
The employer does not ensure the written operating procedures covering the steps of each operating phase addressed startup after an emergency shutdown.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures covering the steps of each operating phase for the booster manufacturing and PETN powder/drying process addressed startup after an emergency shutdown.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures covering the steps of each operating phase addressed startup following a turnaround or after an emergency shutdown.
Citation 1 Item 12
Type of Violation: Serious; $7,000
29 CFR 1910.119(f)(l)(i)(D): The employer’s written operating procedures covering the steps for each operating phase did not address emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown in a safe and timely manner.
The employer does not ensure that written operating procedures covering the steps of each operating phase addressed emergency shutdown.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure that written operating procedures covering the steps of each operating phase for the balloon filling, booster manufacturing, and PETN powder/dryer processes addressed emergency shutdown including the conditions under which an emergency shutdown is required and assignment of shutdown responsibility to a qualified operator.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure that written operating procedures covering the steps of each operating phase addressed emergency shutdown.
Citation 1 Item 13
Type of Violation: Serious; $7,000
29 CFR 1910.119(f)(1)(i)(F): The employer’s written operating procedures covering the steps for each operating phase did not address normal shutdown.
The employer does not ensure the written operating procedures covering the steps of each operating phase addressed normal shutdown.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures covering the steps of each operating phase for the booster manufacturing and PETN powder/drying processes addressed normal shutdown.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures covering the steps of each operating phased addressed normal shutdown.
Citation 1 Item 14a
Type of Violation: Serious; $7,000
29 CFR 1910.119(f)(1)(iii)(B): The employer’s written operating procedures covering safety and health considerations did not address the precautions necessary to prevent exposure, including engineering controls, administrative controls, and person protective equipment.
The employer does not ensure the written operating procedures covering safety and health considerations addressed engineering and administrative controls to prevent exposure.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures covering safety and health considerations addressed the administrative and engineering controls for the booster manufacturing process. Identified controls include but not limited to:
- Ventilation System Airflow
- Scrubber water/liquid flow
- Kettle mixture temperature limitations/controls
- Scrubber filter pressure drop.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures covering safety and health considerations addressed engineering and administrative controls to prevent exposure.
Citation 1 Item 14b
Type of Violation: Serious
29 CFR 1910.119(f)(1)(iii)(C): The employer’s written operating procedures covering safety and health considerations did not address the control measures to be taken if physical contact or airborne exposure occurs.
The employer does not ensure the written operating procedures covering safety and health considerations addressed the control measures to be taken if physical contact or airborne exposure occurs.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures covering safety and health considerations for the booster manufacturing, PETN powder/drying, and balloon filling process addressed the control measures to be taken if physical contact or inhalation of explosive dusts or fumes were to occur.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures covering safety and health considerations addressed the control measures to be taken if physical contact or airborne exposure occurs.
Citation 1 Item 15
Type of Violation: Serious; $7,000
29 CFR 1910.119(f)(1l)(iii)(D): The employer’s written operating procedures covering safety and health considerations did not address the quality control for raw materials and control of hazardous chemical inventory levels.
The employer does not ensure the written operating procedures covering safety and health considerations addressed the control of hazardous chemical inventory levels.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure the written operating procedures covering safety and health considerations for the booster manufacturing, PETN powder/drying, balloon filling processes as well as finished product storage areas addressed the control of explosive inventories in each facility.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903 .19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the written operating procedures covering safety and health considerations addressed the control of hazardous chemical inventory levels.
Citation 1 Item 16
Type of Violation: Serious; $7,000
29 CFR 1910.119(f)(3): The employer did not certify annually that the operating procedures are current and accurate.
The employer does not ensure the annual certification that the written operating procedures were current and accurate.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to certify annually that the written operating procedures were current and accurate for the balloon filling, PETN drying, booster manufacturing, and explosives storage areas.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure the annual certification that the written operating procedures were current and accurate.
Citation 1 Item 17a
Type of Violation: Serious; $5,500
29 CFR 1910.119(h)(2)(i): The employer, when selecting a contractor, did not obtain and evaluate information regarding the contract employer’s safety performance and programs.
The employer does not ensure that when selecting a contractor it obtains and evaluates the contract employers safety performance and programs.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to obtain and evaluate the contract employers safety performance and programs. Contractors selected and who have performed tasks in the facility included but not limited to Nelsons Welding Service, B & B Electric, and Bradshaw Painting & Industrial.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure that when selecting a contractor it obtains and evaluates the contract employers safety performance and programs.
Citation 1 Item 17b
Type of Violation: Serious; Grouped
29 CFR 1910.119(h)(2)(v): The employer did not periodically evaluate the performance of contract employers in fulfilling their obligations as specified in 29 CFR 1910.119(h)(3).
The employer does not ensure that a periodic evaluation of the performance of contract employers is conducted to assure they are fulfilling obligations as specified in 29 CFR 1910.119(h)(3).
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to conduct a periodic evaluation of the safety & health performance of contract employers. Contract employers included but are not limited to Nelsons Welding Service, B & B Electric, and Bradshaw Painting & Industrial.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure that a periodic evaluation of the performance of contract employers is conducted to assure they are fulfilling obligations as specified in 29 CFR 1910.119(h)(3).
Citation 1 Item 17c
Type of Violation: Serious
29 CFR 1910.119(h)(2)(vi): The employer did not maintain a contract employee injury and illness log related to contractor’s work in process areas.
The employer does not ensure that contract employee injury and illness log related to work in the process areas is maintained.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to maintain a contract employee injury and illness log related to the contractors work in the balloon filling, PE1N powder/drying, and booster manufacturing processes.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure that contract employee injury and illness log related to work in the process areas is maintained
Citation 1 Item 18
Type of Violation: Serious; $7,000
29 CFR 1910.119(j)(2): The employer did not establish and implement written procedures to maintain the on-going mechanical integrity of process equipment.
The employer does not ensure written procedures are established and implemented to maintain the ongoing integrity of the process equipment.
The violation occurred in the Austin Powder manufacturing facility on or about February 3, 2014 and at times prior thereto where the employer failed to establish and implement written procedures for the testing and inspection of process equipment. Process equipment includes but is not limited to:
- Booster Manufacturing Scrubber
- Differential Pressure Shutdown
- Booster Manufacturing Kettle E-Stops
- Booster Manufacturing Scrubber Low Liquid Flow
- Booster Manufacturing Scrubber Pump & Blower
- Booster Manufacturing Scrubber Filters
- Booster Cleaning of Interior of Ventilation Ducts
- PETN Drying Nutch h. PETN Drying Nutch Filters
- PETN Dryer Heat Exchanger & Controls
- PETN Drying Vacuum Pump
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure written procedures are established and implemented to maintain the on-going integrity of the process equipment.
Citation 1 Item 19
Type of Violation: Serious; $7,000
29 CFR 1910.119(j)(4)(i): Inspections and tests were not performed on process equipment to maintain its mechanical integrity.
The employer does not ensure inspection and tests are performed on process equipment to maintain its mechanical integrity.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to inspect and test process equipment to maintain its mechanical integrity. Process equipment include but are not limited to:
- Booster Manufacturing Scrubber Differential Pressure Shutdown
- Booster Manufacturing Kettle E-Stops
- Booster Manufacturing Scrubber Low Liquid Flow
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to ensure inspection and tests are performed on process equipment to maintain its mechanical integrity.
Citation 1 Item 20
Type of Violation: Serious; $7,000
29 CFR 1910.119(l)(1): The employer did not establish and implement written procedures to manage changes to process chemicals, technology, equipment, and procedures and changes to facilities that affect a covered process.
The employer does not ensure that written procedures are established and implemented to manage changes to the process chemicals, technology, equipment, procedures, and facilities that affect the covered process.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to establish and implement procedures written procedures for managing changes to the process equipment. Equipment changes include but are not limited to:
- Installation of a laser sensor on the booster manufacturing kettle lids
- Installation of explosion proof fans in the manufacturing areas.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to not ensure that written procedures are established and implemented to manage changes to the process chemicals, technology, equipment, procedures, and facilities that affect the covered process.
Citation 1 Item 21
Type of Violation: Serious; $7,000
29 CFR 191O.119(n): The employer did not include a procedure in its emergency action plant that instructs employees how to distinguish between small releases and spills and large releases or spills and what employee actions are required in both instances.
The employer does not ensure the emergency action plan included instructions on how to distinguish between a small or large releases or spills and procedures for handling the release and/or spill.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to include a procedure that instructs employees how to distinguish between small and large spills and releases and actions required to in both instances.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to not ensure the emergency action plan included instructions on how to distinguish between a small or large releases or spills and procedures for handling the release and/or spill.
Citation 1 Item 22
Type of Violation: Serious; $7,000
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/or had not been certified as having such training, and/or, in addition, did not demonstrate competency in paragraphs (q)(6)(iii)(A)-(I) of this section.
The employer does not ensure that those employees who participated as hazardous materials technicians had received at least 24 hours of training equal to the first responder operations level and/or had not been certified as having such training.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to ensure that those employees who participated as hazardous materials cleanup and handling in the balloon filling, PETEN drying, booster manufacturing, and explosive storage facilities had received at least 24 hours of training (HAZWOPER) and/or had not been certified as having such training.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to not ensure that those employees who participated as hazardous materials technicians had received at least 24 hours of training equal to the first responder operations level and/or had not been certified as having such training.
Citation 2 Item 1
Type of Violation: Repeat; $38,500
29 CFR 1910.119(o)(1): The employer did not certify that they had evaluated compliance with the provisions of 29 CFR 1910.119 at least every three years to verify that the procedures and practices developed under this standard were adequate and are being followed.
The employer does not ensure that an evaluation of the compliance with the provision of 29 CFR 1910.119 is certified at least every three years to verify that the procedures and practices developed under this standard were adequate and are being followed.
The violation occurred on or about February 3, 2014 and at times prior thereto where the employer failed to complete and process safety management compliance audit of the facility.
This condition exposed employees to hazards of inhalation, fire, and explosion.
Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the abatement date the employer must submit documentation showing it is in compliance with the standard, including describing the steps it is taking to not ensure that an evaluation of the compliance with the provision of29 CFR 1910.119 is certified at least every three years to verify that the procedures and practices developed under this standard were adequate and are being followed.
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