OSHA Inspection: NEYRA INDUSTRIES, INC.

Issued

Aug 16, 2000

Abate by

Nov 3, 2000

Penalty

Initial $2,500 · Current $1,800 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The
employer did not
furnish employment and a place of employment which were free from
recognized hazards
that were causing or were likely to cause death or serious physical harm
to employees in that
employees were exposed on July 8, 2000 to the hazard of being hit by or
covered by hot
liquid asphalt during investigation, evaluation and working with a
dangerous, upset condition
at mixing tank # 72, and:
(a) The employer did not take adequate measures to prevent hazardous
releases of hot
materials such as liquid asphalt from a mill or mixing tank, due to
overlaying of a confined
water-clay slurry layer by a layer of liquid having a temperature far in
excess of the one
atmosphere boiling point of water, causing an eruption in the mixing tank,
in that:
(A) The written standard operating procedures pertaining to the making of
batches of
driveway sealers did not specify procedures to be followed for abnormal
process conditions,
such as: (i) Little or no liquid asphalt flows into the mill or mixing
tank during an attempt to
make a batch of driveway sealer; (ii) Liquid asphalt has accidentally been
added to a batch
without mixing or stirring; (iii) The storage tank from which a
significant volume of liquid
asphalt has been pumped (into the mixing tank) becomes empty; or (iv) An
excess of liquid
asphalt has accidentally been added to a batch.
(B) Training was not performed to enable workers to know what steps need
to be followed
when foreseeable abnormal conditions develop (such as those described
above).
(C) Engineering controls did not ensure that erupting material would
travel only to locations
where employees would not be exposed.
(D) There was no system in place to ensure the ready availability of at
least one person who
can fluently speak both Spanish and English whenever a language barrier
may prevent Batch
Operators and Supervisory Personnel from effectively communicating with
each other.
Among other methods, feasible and acceptable abatement methods to correct
these hazards
would include development of specific, detailed and understandable written
standard
operating procedures in both English and Spanish; in-depth and documented
operator
training, including verification of trainee understanding and knowledge;
and procedures
assuring safe venting locations in accordance with recognized industry
practices such as the
American Petroleum Institute (API 750),  and OSHA's Process Safety
Management Standard
(29 CFR 1910.119).

Issued

Aug 16, 2000

Abate by

Sep 12, 2000

Penalty

Initial $2,500 · Current $1,000 Reduced

Issued

Aug 16, 2000

Abate by

Sep 12, 2000

Issued

Aug 16, 2000

Abate by

Aug 28, 2000

Issued

Aug 16, 2000

Abate by

Aug 28, 2000

Issued

Aug 16, 2000

Abate by

Sep 5, 2000

Penalty

Initial $2,500 · Current $1,000 Reduced

Issued

Aug 16, 2000

Abate by

Sep 5, 2000

Issued

Aug 16, 2000

Abate by

Sep 5, 2000