This is an interesting agreement, none like I have seen before.  Had OSHA done this inspection, using their new Wilfull Instance-by-Instance Penalty Adjustments, this case could have exceeded $1M in fines.  Yet, the case resulted in $0 in fines and a correction plan.  This facility had two (2) releases (Oleum and Ammonia) in the same month last year, prompting the EPA inspection. ...

Respondent operated a facility to provide pre-cooling and short­ term storage for fresh vegetables harvested by local growers, including lettuce, cabbage, and brussels sprouts. Respondent produced, used, or stored more than 10,000 pounds of ammonia (anhydrous) at the Facility and was subject to the requirements of CAA§ 112(r)(7).  Respondent was subject to Program 3 requirements because it had...

Which six words am I talking about?  There are a lot of requirements in 1910.146 and 1926.1201-.1213 that get missed on entries.  Luckily, missing a few here and there USUALLY does not equate to a tragic accident.  However, the six words I speak of are a CRITICAL PATH in a “permitted entry” into a PRCS.  And it is hardly ever done by entry supervisors, although most...

I am sure we have all heard this reference about safety and common sense.  Unfortunately there are a lot of businesses with senior management that believe this.  I find even those businesses that struggle with minimum compliance requirements will typically have this mindset about safety.  But those businesses who are going beyond the traditional OSHA compliance approach have come to...

Not many folks spend a lot of time reading 1910.1020 Access to employee exposure and medical records and it shows during most of our OSH audits.  The standard is not a safety standard, so most safety pros don’t spend much time on the standard.  But there is a lot of “document control and retention” needs embedded in the standard and most facilities that have the basic OSHA...

I am aware of all the on-line chatter about the “bureaucracy” of a written safety and health program.  Although I do not subscribe to this way of thinking and I know of maybe two facilities that are mature enough to manage safety without a lot of the traditional documentation; this SMS documentation is WAY BEYOND what is usually written in a “compliance program approach to safety.  ...

To some, there may not be much difference between leadership and management; however, there is a big difference between them. … HomeRead More »

Our investigation process is purely reactive to undesired consequences, but our corrective action(s) process can turn it into a PROACTIVE activity.  It takes a level of safety maturity to move in this direction. It will come naturally once that maturity level is reached and the workplace strongly desires (and respects) to be a LEARNING culture.  We do this by… … HomeRead More...

Safety is not the absence of Accidents. Safety is the presence of Defenses and Capacity.   Dr. Todd Conklin

SAFTENG audits are known to be “detailed” (the nice way to say it).  We believe that when we are working with MINIMUM PERFORMANCE STANDARDS such as OSHA standards and those standards adopted by a facility to support compliance with these minimum standards, all the details matter.  One of the most deficiencies we come across involves the use of the NFPA 704 label.  Besides...

I get about a dozen calls a year from folks asking me about their PSM/RMP due dates.  I try to explain that of course OSHA or EPA can cite the facility if the audit is past due.  For example, the last audit was done the 2nd week of February 2020, it is expected that the 3-year audit will be conducted BEFORE the 2nd week of February 2023.  That is easy math, but the CRITICAL DATE regarding...

Respondent has a crude fractionation process at the Facility. EPA inspected the Facility on February 14 – 17, 2022, to determine the Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68. Butane, isopentane, ethane, propane, and pentane are “regulated substances” pursuant to 40 C.F.R. § 68.3. The threshold quantity for butane, isopentane, ethane, propane,...