OSHA Inspection: HENDRIX AND DAIL, INC.

Issued

May 16, 2011

Abate by

Jun 30, 2011

Penalty

Initial $4,950 · Current $3,326 Reduced

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(d)(2)(i)(A):  Process safety information pertaining to the
technology of the
process did not include a block flow diagram or simplified process flow
diagram:
a)In the fumigant repackaging area, the process flow diagram, Figure 2,
Edition 3,
dated 12/2/2010 was inaccurate, in that the drawing indicated that
compressed
dry
air was used to transfer the Telone to the storage tanks and filling
stations, and
the drawing did not identify the compressed gas that was used to transfer
the
chloropicrin and methyl bromide from the rail cars to the filling
stations, resulting
in fire and chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Aug 31, 2011

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(d)(3)(i):  Process safety information pertaining to the
equipment in the process
did not include the elements specified in 29 CFR 1910.119(d)(3)(i)(A)
through (H):
a)In the Telone repackaging area, on or about December 8, 2010 and at
times prior
to, process safety information did not include details pertaining to the
equipment
such as materials of construction, accurate P&IDs, electrical
classification
information, relief system design and design basis, ventilation system
design,
design codes and standards, and safety systems employed for the Telone
repackaging process where more than 10,000 pounds of Telone (1,3-
Dichloropropene), a flammable liquid was stored under pressure,
transferred, and
repackaged into cylinders, resulting in fire and chemical hazards.
b)At the methyl bromide recovery system compressor, on or about December 8,
2010 and at times prior to, process safety information for the compressor
system
did not include details pertaining to the equipment such as materials of
construction in that the "as built" drawings were not maintained; accurate
P&IDs
were not developed in that the pressure safety valve was not identified on
the
drawing; and the relief system design and design basis were not developed
or
maintained, resulting in a chemical hazard.
c)DELETED FOR ISA SETTLEMENT.  LBD 6.13.11.
d)In the methyl bromide unloading area, on or about February 11, 2011 and
at
times prior to, the P&ID for the rail connections (a) was inaccurate in
that Figure
3(a) did not include details about the ISO container off load station for
the 100%
methyl bromide, which had been installed in January 2011.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(l)(4):  A change covered by 29 CFR 1910.119(l) resulted in
a change in the
process safety information required by 29 CFR 1910.119(d) and the process
information was not
updated:
a)DELETED FOR ISA SETTLEMENT. LBD 6.13.2011
b)In the methyl bromide unloading area, on or about February 11, 2011 and
at
times prior to, the P&ID for the rail connections Figure 3(a) was not
updated to
include details about the ISO container off load station for the 100%
methyl
bromide, which had been installed in January 2011, resulting in a chemical
hazard.
c)In the Telone unloading area, on or about February 11, 2011 and at times
prior
to, the P&ID for the rail connections Figure 3(a) was not updated to
include
details about the nitrogen transfer system, following the change from
compressed
air to nitrogen in December 2010, resulting in fire and chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Aug 31, 2011

Penalty

Initial $6,930 · Current $4,197 Reduced

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(d)(3)(ii):  The employer did not document that the
equipment in the process
complied with recognized and generally accepted good engineering practices:
a)In the Telone repackaging area, on or about December 8, 2010 and at
times prior
to, the employer did not document that the equipment complied with
generally
accepted good engineering practices for the Telone repackaging process,
resulting
in fire and chemical hazards.  Sections of the Telone process piping were
constructed of galvanized steel, an incompatible material; compressed air
was
used to transfer the Telone; the physical condition of the Telone storage
tanks was
undetermined, and the Telone storage tanks' pressure relief valves were not
vented to a safe location.
b)DELETED FOR ISA SETTLEMENT.  LBD 6.13.11
c)INSTANCE REMOVED AND ADDED TO CITATOIN 2 ITEM 5 FOR ISA
SETTLEMENT.  LBD 6.13.11
ABATEMENT CERTIFICATION AND DOCUMENTATION ARE
REQUIRED.TION

Issued

May 16, 2011

Abate by

Oct 17, 2011

Penalty

Initial $6,930 · Current $4,197 Reduced

Hazardous substances D177

General-duty citation text

29 CFR 1910.119(e)(1):  The employer did not perform an initial process
hazard analysis
(hazard evaluation) on processes covered by 29 CFR 1910.119:
a)In the Telone repackaging area, on or about December 8, 2010 and at
times prior
to, a process hazard analysis was not performed for the Telone repackaging
process where more than 10,000 pounds of Telone (1,3-Dichloropropene), a
flammable liquid was stored under pressure, transferred, and repackaged
into
cylinders, resulting in fire and chemical hazards.
ABATEMENT CERTIFICATION AND DOCUMENTATION ARE
REQUIRED.TION

Issued

May 16, 2011

Abate by

Oct 17, 2011

Penalty

Initial $4,950 · Current $3,712 Reduced

Hazardous substances D17716800675

General-duty citation text

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:
a)In the fumigant repackaging area, on or about December 8, 2010 and at
times
prior to, the employer did not fully develop a written mechanical integrity
program for the methyl bromide, chloropicrin, and Telone process equipment,
resulting in fire and chemical hazards.  The critical equipment list did
not include
process equipment such as the Telone storage tanks and the storage tanks'
pressure relief valves; the air compressor and its pressure relief valve,
and the
nitrogen pressure relief valves.  The program did not establish inspection
frequencies, schedules, and methods for equipment not listed on the
critical
equipment list.
b)In the fumigant repackaging area, on or about February 9, 2011 and at
times
prior to, the employer did not fully implement the written mechanical
integrity
program in that pipe thickness inspections were not performed in
accordance with
the Hendrix and Dail Leak, Pressure Testing & Inspection of Process Piping
Procedure PSM-007-1, resulting in a chemical hazard.
c)REMOVED/DELETED FOR IS SETTLEMENT.  LBD 6.13.11.  MOVED TO
NEW CITATION 2 ITEM 7.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Aug 31, 2011

Penalty

Initial $4,950 · Current $3,712 Reduced

Hazardous substances D177

General-duty citation text

29 CFR 1910.119(j)(6)(i):  In the construction of new plants and
equipment, the employer did
not assure that equipment as fabricated was suitable for the process
application for which it was
used:
a)In the Telone repackaging area, on or about February 11, 2011 and at
times prior
to, the employer did not implement a quality assurance program to ensure
that
new equipment was suitable for the process, in that the program did not
prevent
the use of galvanized pipe, an incompatible material during the
installation of a
new section of the Telone piping, resulting in fire and chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D177

General-duty citation text

29 CFR 1910.119(l)(2)(ii):  The written procedures to manage changes did
not assure that the
impact of the change on safety and health was addressed prior to any
change:
a)In the Telone repackaging area, on or about February 11, 2011 and at
times prior
to, the management of change procedure for the Telone piping extension
project
did not address the impact on safety and health due to the installation of
galvanized piping, which is an incompatible material, resulting in fire and
chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Penalty

Initial $4,950 · Current $3,712 Reduced

Hazardous substances D17716800675

General-duty citation text

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:
a)In the fumigant repackaging area, the employer's 2008 audit was not
adequate,
in that it did not identify deficiencies of the process safety management
program,
resulting in fire and chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

May 26, 2011

Penalty

Initial $3,960 · Current $3,272 Reduced

Hazardous substances D1770675

General-duty citation text

29 CFR 1910.141(g)(2):  Employees were permitted to consume food or
beverage in area(s)
exposed to toxic materials:
a)In the Telone filling area, on or about December 9, 2010 and at times
prior to,
employees consumed beverages at the filling stations where cylinders were
filled
with toxic fumigants, resulting in a chemical hazard.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 9, 2011

Penalty

Initial $4,950 · Current $3,712 Reduced

Hazardous substances 1680

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and
utilized for the
control of potentially hazardous energy when employees were engaged in
activities covered by
this section:
a)At the methyl bromide recovery system compressor, on or about December 8,
2010 and at times prior to, the employer did not develop or implement a
lockout
procedure for employees who performed maintenance on the methyl bromide
recovery system compressor, resulting in chemical and crush-by hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 9, 2011

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.147(c)(6)(i) (C): Where lockout was used for energy control,
the periodic
inspection did not include a review, between the inspector and each
authorized employee, of that
employee's responsibilities under the energy control procedure being
inspected:
a)At the facility, on or about December 8, 2010 and at times prior to, the
employer
was not evaluating the implementation of the lockout procedures during the
periodic evaluation for employees who performed maintenance on the fumigant
transfer piping equipment including but not limited to filter replacement,
valve
and gauge replacement, sight glass replacement, and line pressure testing,
resulting in a chemical hazard.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

May 19, 2011

Penalty

Initial $4,950 · Current $3,712 Reduced

General-duty citation text

29 CFR 1910.212(b):  Machine(s) designed for fixed location(s) were not
securely anchored to
prevent walking or moving:
a)In the shop area, on or about November 19, 2010 and at times prior to,
the
valving machine was not anchored to the floor, exposing employees to a
struck-by
hazard.
b)In the cylinder retest facility, on or about November 19, 2010 and at
times prior
to, the valving machine was not anchored to the floor, exposing employees
to a
struck-by hazard.
ABATEMENT CERTIFICATION IS NOT REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 9, 2011

Penalty

Initial $990 · Current $717 Reduced

General-duty citation text

29 CFR 1904.32(b)(3):  A company executive did not certify that he or she
had examined the
OSHA 300 Log and that he or she reasonably believed, based on his or her
knowledge of the
process by which the information was recorded, that the annual summary was
correct and
complete:
a)Facility-wide, on or about November 19, 2010 and at times prior to, the
OSHA
300A Form for 2007 was not signed by a company executive.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 9, 2011

Penalty

Initial $990 · Current $717 Reduced

General-duty citation text

29 CFR 1904.32(b)(3):  A company executive did not certify that he or she
had examined the
OSHA 300 Log and that he or she reasonably believed, based on his or her
knowledge of the
process by which the information was recorded, that the annual summary was
correct and
complete:
a)Facility-wide, on or about November 19, 2010 and at times prior to, the
OSHA
300A Form for 2008 was not signed by a company executive.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 9, 2011

Penalty

Initial $990 · Current $717 Reduced

General-duty citation text

29 CFR 1904.32(b)(3):  A company executive did not certify that he or she
had examined the
OSHA 300 Log and that he or she reasonably believed, based on his or her
knowledge of the
process by which the information was recorded, that the annual summary was
correct and
complete:
a)Facility-wide, on or about November 19, 2010 and at times prior to, the
OSHA
300A Form for 2009 was not signed by a company executive.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D17716800675

Issued

May 16, 2011

Abate by

Jun 30, 2011

Penalty

Current $4,297

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(f)(1):  The employer did not develop and implement written
operating
procedures that provided clear instructions for safely conducting
activities involved in each
covered process consistent with the process safety information:
a)In the fumigant repackaging area, on or about December 9, 2010 and at
times
prior to, the operating procedures were not clear in that the use of
nitrogen and
air was not accurately described within the steps, resulting in fire and
chemical
hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances 16800675

General-duty citation text

29 CFR 1910.119(f)(1)(i)(C):  The employer's written operating procedures
covering the steps
for each operating phase did not address temporary operations:
a)At the methyl bromide / chloropicrin repackaging area, on or about
February 9,
2011 and at times prior to, the cylinder filling procedures did not
include steps
for the temporary operation of using nitrogen to transfer the fumigants in
lieu of
compressed air, resulting in a chemical hazard.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(f)(3):  The operating procedures were not reviewed as
often as necessary to
assure that they reflect current operating practice, including changes
that result from changes in
process chemicals, technology, and equipment, or changes to facilities:
a)In the fumigant repackaging area, on or about December 9, 2011 and at
times
prior to, the operating procedure review process did not ensure that the
procedures were current, in that the procedures were not updated to
reflect the
change that occurred when the facility started transferring fumigants using
compressed air in lieu of nitrogen, resulting in fire and chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D17716800675

General-duty citation text

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:
a)In the fumigant repackaging area, on or about December 9, 2010 and at
times
prior to, the management of change procedure was not implemented when the
facility changed from using compressed nitrogen to compressed air to
transfer the
fumigants through the system.  The potential explosion/flash fire hazard
related
to transferring Telone and methyl bromide with compressed air was not
addressed, resulting in fire and chemical hazards.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(l)(5):  A change covered 29 CFR 1910.119(l) resulted in a
change in the
operating procedures or practices required by 29 CFR 1910.119(f), and such
procedures or
practices were not updated:
a)In the fumigant repackaging area, on or about December 9, 2011 and at
times
prior to, the operating procedures were not updated to reflect the
operational
modifications that occurred when the facility started transferring
fumigants using
compressed air in lieu of nitrogen, resulting in fire and chemical
hazards.

Issued

May 16, 2011

Abate by

Jun 30, 2011

Penalty

Initial $4,950

Hazardous substances D17716800675

General-duty citation text

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:
INSTANCE C) FROM ORIGINAL CITATION 1 ITEM 7A ADDED AS NEW
CITATION HERE.
c)At the methyl bromide recovery system compressor, on or about February
11,
2011 and at times prior to, the employer did not fully develop a written
mechanical integrity program in that the written program did not include
detailed
maintenance requirements for the recovery compressor in accordance with the
manufacturer's recommendations, resulting in a chemical hazards.  The
employer's program did not identify the requirement to check the oil
pressure and
discharge pressure on a daily basis.  The employer's program did not
identify the
requirement to clean cooling surfaces, drain moisture from accumulation
points,
or drain the distance piece weekly.  The employer program did not identify
the
requirements to lubricated the motor bearings every six months.
ABATEMENT CERTIFICATION IS REQUIRED.TION

Issued

May 16, 2011

Abate by

Jun 30, 2011

Hazardous substances D17716800675

General-duty citation text

29 CFR 1910.119(j)(4)(iii):  The frequency of inspections and tests of
process equipment to
maintain its mechanical integrity, was not consistent with applicable
manufacturers'
recommendations and good engineering practices, or more frequently if
determined to be
necessary by prior operating experience:
a)At the methyl bromide recovery system compressor, on or about February
11,
2011 and at times prior to, the compressor system was not maintained in
accordance with the manufacturer's recommendations, resulting in a chemical
hazard.  The distance piece was not typically drained while the
manufacturer
recommended a weekly draining interval.  The cooling surfaces were cleaned
on
a bi-monthly interval while the manufacturer recommended a weekly
interval.
The belt tension was checked and adjusted bi-monthly while the manufacturer
recommended a monthly interval.
ABATEMENT CERTIFICATION IS REQUIRED.TION