OSHA Inspection: MOTIVA ENTERPRISES LLC

Issued

Oct 27, 2010

Abate by

Nov 15, 2010

Penalty

Initial $7,000

General-duty citation text

29 CFR 1910.27(f):  Fixed ladder(s) were not maintained in a safe
condition:
The employer is not maintaining fixed metal ladders in a safe condition,
such as, but not limited
to:
a) The ladder from the ground to the E350 - 351 Steam Generator landing
shakes when in use;
b) The ladder from the ground, designated 70F 302 - 303 is not secured to
a stationary object
and shakes when in use; and,
c) The ladder from the ground, designated 12307N70PS14G92LD1007, next to
Pipe Support
308, shakes when in use.
These hazards were most recently observed on August 26, 2010, at Motiva
Enterprises LLC,
Convent, La. 70723 in the H-Oil unit.
Pursuant to 29 CFR 1903.19, within (10) calendar days of the abatement
date listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to
ensure that fixed ladders are maintained in a safe condition.  The
violation must be abated no
later than 30 days from receipt of this citation.

Issued

Oct 27, 2010

Abate by

Nov 8, 2010

Penalty

Initial $7,000 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.119(e)(5):  The employer did not establish a system to
promptly address the
team's findings and recommendations to assure that the recommendations
were resolved in a
timely manner and that the resolution was documented:
a)  The employer does not ensure that hazardous conditions, as determined
by Hazard analysis,
are promptly addressed in a reasonable and timely manner. On or about
December 3, 2004 until
present, the employer failed to address employee (i.e. operator) exposure
after determining that
employee operators housed in the Operator Control House #3 were exposed
above the threshold
of acceptable risk in the event of a vapor cloud explosion. This exposed
these employees to the
hazards of fire and explosion.
Pursuant to 20 CFR 1903.19, within (10) calendar days of the abatement
date
listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to ensure
that it addressing the hazardous facility siting location of Operator
Control House #3.  The
violation must be abated no later than 30 days from receipt of this
citation.
b)  The employer does not ensure that resolutions to the process hazard
analysis team's findings
and recommendations is established.  This violation was found on July 05,
2010, at Motiva
Enterprises LLC, Convent, LA, when the employer did not document
resolutions to findings and
recommendations and/or recorded inappropriate answers before closing the
action items.  For
example, several PHA team's findings and recommendations from the H-Oil
Unit 2003 and 2007
are still unresolved or status is unknown and/or not complete.  Such items
include , but are not
limited to:  1) 2003 PHA, Node 122;  2) 2003 PHA, Node 152; 3)  2003 PHA,
Node 147; 4)
2003 PHA, Node 153; 5)  2003 PHA, Node 175; 6)  2007 PHA, Node
110.1.1.2.1;
7)  2007
PHA, Node 113.1.2.2.1; and 8)  2007 PHA, Node 121.13.1.1.1.
Pursuant to 29 CFR 1903.19 within 10 calendar days, the employer must
submit an abatement
plan describing the actions it is taking to ensure that appropriate
resolutions are determined and
documented for each findings and recommendations addressed from the 2003
and 2007 PHA.
The violation must be abated no later than 30 days from receipt of this
citation.

Issued

Oct 27, 2010

Abate by

Nov 15, 2010

Penalty

Initial $7,000 · Current $5,000 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(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 executed in a safe
and timely manner:
The employer does not have written Emergency Shutdown Procedures (ESPs)
for safe and timely
shutdown of the H-Oil Unit in the event of emergency situations that may
include,
but are not
limited to, the failure of process equipment, loss of electrical power,
loss of instrumentation,
loss of containment, severe weather condition, fire, explosion, etc.  This
condition exposed
employees to a fire and/or explosion hazard. This hazard was most recently
observed on or
about May 21, 2010 at Motiva Enterprises LLC, Convent, LA.
Pursuant to 29 CFR 1903.19, within (10) calendar days of the abatement
date listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to ensure
that Emergency Shutdown Procedures (ESPs) are developed, written, and
implemented when
required.  The violation must be abated no later than 30 days from receipt
of this citation.

Issued

Oct 27, 2010

Abate by

Nov 15, 2010

Penalty

Initial $2,500

General-duty citation text

29 CFR 1910.119(o)(1): The employer did not verify that the procedures and
practices
developed under the standard were adequate and were being followed:
The employer does not ensure in the self audit that a representative
number of pressure vessel
inspection records are included to verify that the vessel inspection
procedures are adequate and
are being followed. On or about August 9, 2010, at Motiva Enterprises LLC,
Convent, LA. the
employer had failed to ensure that pressure vessel inspection records were
included in the self
audit. This exposed employees to hazards of fire and explosion.
Pursuant to 20 CFR 1903.19, within (10) calendar days of the abatement
date listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to ensure
that it addressing the analysis of pressure vessel inspection records as a
part of the compliance
audit process.

Issued

Oct 27, 2010

Abate by

Nov 8, 2010

Penalty

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

General-duty citation text

29 CFR 1910.157(e)(3):  Portable fire extinguishers were not subjected to
an annual maintenance
check:
The employer does not ensure that all portable fire extinguishers provided
for employee use in
the H-Oil Unit receive an annual maintenance check.  Portable
fire-fighting equipment, such as,
but not limited to, Ansul Red Line Class ABC fire extinguishers (H-Oil ID
#045, #047, and
#082) had past due inspection tags of June 2009, over a year without an
internal examination
by a certified inspector.  This hazard was most recently observed on or
about July 19, 2010 at
Motiva Enterprises LLC, Convent, LA.
Pursuant to 29 CFR 1903.19, within (10) calendar days of the abatement
date listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to ensure
that all portable fire extinguishers receive an annual maintenance check
before being made
available for employee use. The violation must be abated no later than 30
days from receipt of
this citation.

Issued

Oct 27, 2010

Abate by

Nov 8, 2010

Penalty

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

General-duty citation text

29 CFR 1910.1200(f)(5)(i):  The employer did not ensure that each
container of hazardous
chemicals in the workplace was labeled, tagged or marked with the identity
of the hazardous
chemical(s) contained therein:
The employer does not ensure that all H-Oil Unit process vessels
containing highly hazardous
chemicals (HHCs) are properly labeled.  H-Oil vessels such as but not
limited to, Train 100 and
200 Second Stage Reactors (70F-102, 70F-202), Reactor Effluent Cold
Condensing Drum (70F-
205), and Circulation Oil Surge Drum (70F-509) were not adequately labeled
with contents
contained therein and/or with legible identification numbers in accordance
with this standard or
with Motiva's Standard Instruction No. 525: Hazard Communication Policy.
This hazard was
most recently observed on or about July 20, 2010 at Motiva Enterprises
LLC, Convent, LA.
Pursuant to 29 CFR 1903.19, within (10) calendar days of the abatement
date listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to ensure
that all process vessels are marked with legible identification numbers or
appropriate chemical
labels/descriptions. The violation must be abated no later than 30 days
from receipt of this
citation

Issued

Oct 27, 2010

Abate by

Nov 15, 2010

Penalty

Initial $35,000 · Current $7,000 Reduced

General-duty citation text

29 CFR 1910.119(j)(5): The employer did not correct deficiencies in
equipment that were
outside acceptable limits (as defined by process information in 29 CFR
1910.119(d)) before
further use or in a safe and timely manner:
a) The employer does not ensure that all pressure gauges and indicator
lights on emergency
isolation valve panel boards are operational. Throughout the H-Oil Unit
there are isolation valve
panel boards such as, but not limited to, LCB 101, LCB-102, LCB-103,
LCB-201, LCB-301,
LCB-302, and LCB 401 with non-functioning indicator lights and broken
and/or faulty pressure
gauges. As a result of this condition, Outside Operators are unable to
properly identify which
valves are open or close by viewing the panel board and in the event of an
emergency would
have to physically check the valves throughout the unit, exposing them to
a fire and/or explosion
hazards.  This hazard was most recently observed on or about May 5, 2010
and July 20, 2010
at Motiva Enterprises LLC, Convent, LA.
b) The employer does not ensure that corroded/rusted out drain block
valves and drain piping
for H-Oil vessel 70F-312 (Second Stage Compressor Knockout Drum) are
repaired and/or
replaced for safe operation.  This hazard was most recently observed on or
about July 20, 2010
and August 25, 2010 at Motiva Enterprises LLC, Convent, LA.
Pursuant to 29 CFR 1903.19, within (10) calendar days of the abatement
date listed in this
citation, the employer must submit an abatement plan describing the
actions it is taking to ensure
that all deficient equipment is in fully operational condition. The
violation must be abated no
later than 30 days from receipt of this citation.
MOTIVA ENTERPRISES LLC WAS PREVIOUSLY CITED FOR A VIOLATION OF THE
THIS OCCUPATIONAL SAFETY AND HEALTH STANDARD OR ITS EQUIVALENT
STANDARD 1910.119(j)(5) WHICH WAS CONTAINED IN OSHA INSPECTION NUMBER
311522601, CITATION NUMBER 1, ITEM NUMBER 8, ISSUED ON AUGUST 21, 2008,
WITH RESPECT TO A WORKPLACE LOCATED AT 15536 RIVER RD, NORCO, LA
70079.