Deadly Explosion Lands Louisiana Company Heavy Fines

December 16, 2013

 Process safety management encompasses a detailed set of requirements and procedures employers must follow to proactively address hazards associated with processes and equipment that use large amounts of hazardous chemicals—which was propylene, in this case.

"Williams Olefins violated safety and health standards which, when followed, can protect workers from hazardous chemicals," said Dorinda Folse, OSHA's area director in Baton Rouge. "It is the employer's responsibility to find and fix workplace safety violations and to ensure the safety of its workers. Failing to do so cost two workers their lives."

A willful violation was cited for failing to develop clear, written procedures for how to change and put idle pressure vessels into service. A willful violation is one committed with intentional, knowing, or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

The five serious violations that were cited include: inadvertently mixing hot quench water with propylene; failing to provide appropriate pressure protection for a pressure vessel; complete a process hazard analysis to address the opening of hot quench water flow into a pressure vessel; properly document workplace training; and promptly correct deficiencies related to process safety management discovered by an internal compliance audit team. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Williams Olefins is a subsidiary of Williams Partners LP, which is headquartered in Tulsa, Oklahoma, and employs about 4,700 workers corporate-wide. The Geismar location employs about 127 workers and specializes in the production of natural gas, ethylene, and propylene.

Proposed penalties total $99,000.

Did You Miss OSHA’s December 1 GHS HazCom Training Deadline: Use Environmental Resource Center’s GHS OSHA Hazard Communication Training PowerPoint

With OSHA’s adoption of the Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals, virtually every chemical label, MSDS—now called Safety Data Sheet (SDS), and written hazard communication plan must be revised to meet the new standard.

OSHA’s December 1, 2013, deadline under the revised Hazard Communication Standard required that all employees at your site who work with, or are exposed to, hazardous chemicals be trained to understand the new classification system, labels, warning statements, precautions, pictograms, and safety data sheets for chemicals at your worksite.

Environmental Resource Center is making available a PDF presentation or a customizable PowerPoint that you can use for on-site worker training. The training program, which is designed to cover your site’s GHS Hazard Communication training requirements, is in a format that is easy to understand.

Pricing and options:

 

Multiple PDF copies can be purchased for $99/copy (1–10), $79/copy (11–20), or $69/copy (21+).

 

Multiple PowerPoint copies can be purchased for $199/copy (1–10), $179/copy (11–20), or $169/copy (21+).

Additional Options*:

1. Customized PowerPoint: Send us your written GHS hazard communication plan and 10–20 safety data sheets. We’ll create a custom training program for your site: $899

2. If you have not updated your hazard communication plan, let Environmental Resource Center update it for you: $799

3. Customized PowerPoint and hazard communication plan: $1600

*Call 800-537-2372 for Spanish pricing

How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)

OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on safety data sheets.

 

Piping Technology and Products Fined $199,800 After Worker Struck by Machine Part

 

 A repeat violation exists when an employer has been previously cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was previously cited for similar violations in 2011.

The serious violations, with a penalty of $14,300, were cited for failing to secure a fuel gas cylinder, use undamaged slings for lifting and moving equipment, and provide strain relief for electrical wiring.

Piping Technology employs about 700 workers and manufactures pipe supports, clamps, and expansion joints for chemical and oil refineries. Following two 2011 inspections, the company was cited for 42 safety and health violations, including failing to guard the point of operations on band saws, shears, and press brakes.  All 2013 citations have been contested while the 2011 violations have been settled.

"Piping Technology and Products has again failed to protect its workers from hazards, and again a worker has been injured on the job. OSHA will not tolerate such disregard for workers' safety," said Mark Briggs, OSHA's Houston South area director.

Cleveland RCRA and DOT Training

 

Raleigh RCRA, DOT, IATA/IMO, and SARA Training

 

Columbia RCRA and DOT Training

 

California Adds Diisononyl Phthalate to Carcinogen List

Effective December 20, 2013, California’s Office of Environmental Health Hazard Assessment (OEHHA) is adding diisononyl phthalate to the list of chemicals known to the State to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).

The CIC determined that the chemical was clearly shown, through scientifically valid testing according to generally accepted principles, to cause cancer. Regulations for listing of chemicals by the CIC are set out in Title 27, California Code of Regulations, section 25305(a)(1).

 

Rail Car Services Faces Penalties of $133,000 for Repeat Safety, Health Violations

 An inspection began following a complaint about previously cited violations that resurfaced and involved fall protection and permit-required confined space hazards. OSHA has proposed penalties of $133,000.

"Confined spaces can potentially contain hazardous atmospheres. In this case, the employer failed to implement all aspects of a confined space program, including training its workers," said Judy Freeman, OSHA's area director in Wichita. "Rail Car Services failed to correct serious safety and health violations, exposing workers to falls and atmospheric hazards. Employers that provide certificates of abatement, and then are subsequently cited for repeat violations, demonstrate a lack of commitment to workplace safety and health."

Rail Car Services refurbishes rail cars including hopper-style cars. The rail cars are entered through top access doors and workers, once inside, perform sandblasting of walls, relining, and general maintenance.

During the inspection, OSHA found that hazards cited in 2012 were inadequately addressed, or the company did not completely abate the safety and health issues. As a result, eight repeat violations were cited.

The repeat violations involve failing to ensure fall protection systems covered areas where rail car work was conducted and where workers were vulnerable to fall exposure. OSHA's investigation found a fall protection system had been installed, but was inadequate to cover the number of workers exposed, and the company did not require usage of the present fall protection system. Rail Car Services also failed to train workers on chemicals used in their work area and did not provide annual respirator training.

Five of the repeat citations involve OSHA's permit-required confined space program, including failing to evaluate work spaces, such as hopper cars, for confined space requirements and atmospheric conditions; inform exposed workers of the existence and location of confined spaces; use entry permits; and provide training to workers.

In addition, the configurations of such spaces may increase workers' exposure to hazards, such as entrapment, engulfment, and/or hazardous atmospheric conditions, which can lead to serious physical injury, illness, or death.

Two serious violations involve failing to evaluate workers medically for respirator usage and to prevent the use of compressed breathing air that was not of the proper grade.

Arlington Metals Cited for 38 Violations, Faces $117,000 Fine for Unsafe Working Condition

 Violations include lack of a respiratory protection program, multiple instances of inadequate machine guarding, and unsafe electrical work practices.

"These inspections reveal a pattern by Arlington Metals Corp., of failing to implement safety and health precautions. The inspections underscore the importance of following OSHA's standards to protect workers on the job," said Diane Turek, OSHA's area director for the Chicago North Area Office in Des Plaines. "Employers must identify and correct hazards and ensure workers follow proper procedures to prevent injuries or death."

A total of 17 serious violations, carrying proposed penalties of $88,200, were cited December 5, and involve failing to provide machine guarding on slitters and radial arm saws; complete periodic inspections of overhead cranes within the past 12 months; and to provide guardrails and energy control procedures. Several violations relate to electrical safe work practices, such as failing to provide covers on live transformers; prevent use of extension cords when fixed wiring is required; and provide electrical protective equipment, such as gloves, fire-retardant- rated clothing, and eye and face protection. In addition, the company failed to evaluate and determine whether any of the five production pits were permit-required confined spaces.

Twelve other-than-serious violations involve failing to conduct personal protective equipment assessments, provide a written emergency evacuation plan, post load rating signs, maintain records of crane and rope inspections, train workers on energy control procedures, and poor housekeeping practices that allowed wood dust to accumulate and create a fire hazard. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

OSHA issued several citations in August and October, carrying proposed fines of $28,800, as part of the concurrent safety and health investigation.  In October, the company received five serious citations for modifying a powered industrial truck without written permission from the manufacturer, and for failing to develop a written respiratory protection program, including medical evaluation, training, and fit testing workers for proper respiratory equipment. Additionally, one other-than-serious violation was cited in October for lack of effective hazard communication training.

Automotive Metal Forging Company Fined $112,068 for Repeat and Serious Violations

OSHA's Hartford Area Office began inspecting the work site in May as part of the agency's site-specific targeting program.

"The safety and health violations are prolific, and this company should be aware of the potential hazards at a work site that forges steel for the automotive industry," said Warren Simpson, OSHA's area director in Hartford. "Safety and health protocol must be paramount and in place to protect workers."

The safety inspection resulted in citations for two repeat violations that carry a $10,098 fine and 12 serious violations that carry a $59,400 fine. The health inspection resulted in citations for three repeat violations with a $23,760 fine and four serious violations with an $18,810 fine.

The two repeat safety violations involve using an extension cord instead of the proper fixed wiring and using damaged electrical cords. The serious safety violations include fall hazards, electrical hazards, and a lack of adequate training and safe work procedures to protect workers on or near energized electrical equipment. Additionally, the company failed to inspect and properly tag chain slings used to lift forging dies and ensure blades on a fan had adequate guarding to protect workers from injury.

The repeat health violations involve failing to have a written hazard communication program available for workers and failure to use tongue guards properly on machinery. The serious health violations include failing to train workers properly on how to avoid hearing loss, and failing to ensure the use of noncombustible or flameproof screens to protect workers engaged in welding operations from exposure to ultraviolet radiation from the generated electric arc.

The Gilman Brothers Co. Faces More than $105,000 in Fines at Connecticut Manufacturing Plant

The manufacturer of polystyrene foam core board faces a total of $105,490 in proposed penalties following two inspections by OSHA's Hartford Area Office.

The first inspection, which began on May 31, identified several deficiencies in the plant's process safety management program involving the chemical isopentane, a flammable liquid used in the manufacturing process.

"Full and effective adherence to the standard's requirements is critical to guarding the safety and health of workers at this work site."

OSHA found that the company did not inspect or test process equipment, including the isopentane tank, piping, and pressure relief valves. This resulted in the issuance of one willful citation, with a $53,900 fine.

One repeat citation, with a fine of $10,780, was issued for a lack of written procedures to maintain the ongoing integrity of process equipment. A similar hazard was cited in 2009.

Six serious citations, with $26,180 in fines, were issued for incomplete process safety information, hazard analyses and documentation, and for lack of readily available fire extinguishers and fire extinguisher training.

The second inspection began September 4 following an incident in which a forklift operator struck and injured a pedestrian in a company warehouse. Forklifts were not properly marked to identify attachments and their lifting capacity, and were not examined for defects after each shift. Additionally, aisles and passageways were not kept clear and in good repair. These conditions resulted in the issuance of four serious citations with $14,630 in fines.

OSHA Finds Several Serious Safety Violations at Emerald Coast RV Center

OSHA has cited Emerald Coast RV Center, LLC, of Robertsdale, Alabama, for nine serious safety violations following an inspection at the recreational vehicle sales and service facility. Prompted by a complaint, the agency initiated an inspection in August, resulting in proposed penalties of $41,000.

"As a result of our inspection, we found numerous safety violations that pose serious risk of injury to employees," said Joseph Roesler, director of OSHA's Mobile Area Office. "It is the employer's responsibility to ensure a safe, healthful workplace."

Serious safety violations include the employer's failure to ensure workers utilized fall protection systems while working on top of recreational vehicles; train workers on powered industrial truck operations; provide proper machine guarding; ensure adequate guarding on electrical boxes; and use temporary wiring properly. Additionally, the employer was cited for failing to train workers adequately on hazard communication, provide a list of hazardous chemicals on-site, reduce compressed air for cleaning to less than 30 lb per square inch, and secure compressed gas cylinders properly.

North Florida Roofing & Repair Fined More than $48,000 for Safety Violations

OSHA has cited North Florida Roofing & Repair of Jacksonville with one willful, one repeat, and two serious safety violations following an inspection at a job site on Ashbourne Trail in Jacksonville. The agency initiated the inspection in August as part of its local emphasis program on fall hazards. Proposed penalties total $48,510.

"This employer continues to expose employees to fall and struck-by hazards, putting workers at risk of serious injury or death," said Brian Sturtecky, OSHA's area director in Jacksonville. "Employers who are cited for willful and repeat violations demonstrate a lack of commitment to worker safety and health."

The willful violation, with $42,350 in penalties, involves the employer failing to ensure workers performing roofing operations were using fall protection.

The repeat violation, with $3,520 in penalties, involves the employer failing to ensure that workers operating a pneumatic nail gun were wearing safety glasses to protect themselves from flying debris. The same violation was cited in March.

The serious safety violations, with $2,640 in penalties, relate to fall hazards, including an improperly positioned portable ladder that did not extend at least 3 feet over the landing surface, and allowing use of a ladder in the closed position to enter and exit a roof.

It was developed in partnership with the National Institute of Occupational Safety and Health (NIOSH) and NIOSH's National Occupational Research Agenda program.

Industrial Gas Manufacturer Welco Cited for 19 Serious Safety Violations

OSHA has cited Welco Acetylene Corp., for 19 serious safety violations following an inspection of its repackaging facility in Newark, New Jersey. The inspection began in May under OSHA's national emphasis program for process safety management for covered chemical facilities. Proposed fines total $49,200.

The serious violations include the company's failure to:

  • Maintain combustible waste material in appropriate metal receptacles
  • Correct equipment deficiencies
  • Provide training to fork truck operators
  • Ensure a diked wall for an acetone storage tank was liquid-tight
  • Develop and implement written operating procedures to conduct activities safely and maintain the ongoing integrity of process equipment
  • Implement safe work practices regarding the accountability of outside contractors or evaluate contractor safety information and performance
  • Develop and implement equipment-specific procedures to control hazardous energy
  • Follow recognized and generally accepted engineering practices for inspecting and testing equipment
  • Maintain historical inspection and testing records for process equipment
  • Compile process safety information before conducting a process hazard analysis
  • Maintain piping and instrumentation diagrams
  • Conduct facility siting adequately, as part of the process hazard analysis, to assess hazards on-site
  • Ensure written operating procedures address safety systems and their functions
  • Perform a required management of change and update written operating procedures accordingly

"The safety hazards found at Welco's facility put its workers at serious risk of injury and must be addressed promptly," said Kris Hoffman, director of the OSHA Parsippany Area Office. "Employers are responsible for implementing proper procedures to protect their workers and ensure a safe workplace."

Federal Railroad Administration Issues Industry-Wide Safety Advisory to Ensure Compliance with Speed Restrictions

The US Department of Transportation’s Federal Railroad Administration (FRA) recently issued an industry-wide Safety Advisory to help ensure railroads adhere to federal regulations regarding maximum authorized train speed limits. The advisory contains four recommendations to ensure railroads comply with speed restrictions through appropriate operating policies, procedures, and effective implementation.

“Safety is our highest priority, and the Metro-North crash illustrates how important it is for railroads to follow speed limits,” said US Transportation Secretary Anthony Foxx. “This Safety Advisory, along with the other enforcement measures we’ve taken, will remind all employees of the need to follow speed limits and will help improve safety across all rail lines.”

The recent Safety Advisory provides guidance on four recommended measures FRA expects railroads to take action on immediately. Among them are:

  • Review the circumstances of the December 1, 2013, Metro-North derailment that occurred in the Bronx, New York, with their operating employees
  • Provide instruction to employees during training classes and safety briefings on the importance of compliance with maximum authorized train speed limits and other speed restrictions
  • Evaluate results of operational data regarding speed testing
  • Reinforce the importance of communication between train crewmembers located in the controlling locomotive, particularly during safety-critical periods when multiple tasks are occurring and during extended periods of inactivity

“Although the industry’s overall safety record is good, the Metro-North accident is a stark reminder of the need to remain vigilant in ensuring compliance with operational speed limits,” said Federal Railroad Administrator Joseph C. Szabo. “Over the last decade, train accidents have declined by 43 percent nationally, a result of our rigorous safety regime, but we must always do better as we drive continuous safety improvement.”

Following the December 1 Metro-North derailment, the FRA issued Emergency Order 29 (EO 29) to Metro-North Commuter Railroad (MNCW) directing it to take specific, immediate steps to ensure its train crews do not exceed speed limits. EO 29 requires Metro-North to modify its existing signal system to ensure that operators obey speed limits, and to provide two qualified railroad employees to operate trains where major speed restrictions are in place until its signal system is modified. The FRA also issued a letter calling on Metro-North to launch a safety stand-down with all employees and to fully implement the confidential close-call reporting system, which has helped improve rail safety on other lines. Metro-North has written the FRA to outline its plans to comply with the directives, and the FRA will continue working directly with Metro-North staff as they implement the provisions.

The FRA had already increased its oversight and enforcement of Metro-North’s rail lines following a May 2013 crash, including additional inspections of its lines and audits of Metro-North’s operations and compliance with federal regulations. FRA is also planning to conduct an extensive investigation of the carrier’s safety compliance with all regulated railroad safety disciplines.

Free Posters that Cost $295? Businesses are Confused

Scores of businesses are contacting Washington state’s Department of Labor & Industries (L&I) to report they have received an official-looking letter that implies they must buy required workplace posters or face fines.

The response from L&I is that they did not send the letters, but does want to remind companies that the workplace posters are available for free.

The mass mailing has confused many business owners, who assume it is from L&I. The letters say “final notice,” are addressed to individual businesses, and include a payment stub to purchase the posters for $295.

It is true that the state and federal governments require that certain posters be placed at job sites. While private vendors may sell the posters, the government provides the posters at no cost.

“Our staff has received lots of calls regarding what appears to be a bill for government posters,” said Anne Foote-Soiza, Assistant Director of L&I’s Division of Occupational Health and Safety. “L&I wants everyone to understand these posters are free for the asking. Please let other business owners know about it, too.”

 

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