OSHA Inspection: FAULTLESS STARCH/BON AMI COMPANY

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $825 · Current $413 Reduced

General-duty citation text

29 CFR 1910.119(c)(1):   The employer did not develop a written plan of
action regarding the implementation
of the employee participation required by 29 CFR 1910.119:
(A) At the facility, Employee Participation Guidelines did not address how
employee(s) would be consulted in the
development of the following elements of process safety management:
1) Employee Participation
2) Operator and Engineer training
3) Line Breaks
4) Management Of Change
5) Standard Operating Procedures
6) Process Hazard Analysis
7) Piping & Instrument Diagrams
8) Mechanical Integrity
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

General-duty citation text

29 CFR 1910.119(c)(2):   The employer did not consult with employees and
their representative on the conduct
and development of process hazard analyses and on the development of other
elements of process safety
management:
(A) At the facility, the employer did not consult with employee(s) and
their representative on the following elements
of process safety management:
1) Who should assist in developing standard operating procedures, which
operating procedures should be developed,
and how to certify annually that the operating procedures were current and
accurate.
2) What training is required for emergency response by operators,
mechanical and electrical engineers during an
incident or an accident.
3) How contractor safety performance and programs should be evaluated both
prior to selection and periodically
while on site.
4) How should a pre-startup safety review be performed, who should perform
it.
5) Which equipment should be included in the mechanical integrity program.
What written procedures are needed
to maintain the on-going integrity of process equipment and test and
inspection equipment. What training employee
involved in maintaining and inspecting the equipment should have, and what
special certifications are necessary.
What procedures including reporting and assignment of responsibility are
necessary to assure deficiencies are
corrected in a timely manner. What procedures are necessary to assure
equipment is fabricated and installed
consistent with design specifications and that spare parts are suitable
for the process.
6) Which incidents and near misses should be reported and investigated.
Who should be on the team, what technique
should be used to thoroughly investigate and analyze the incident. What
system should be implemented to promptly
resolve report findings and recommendations. How should results be
reviewed with employees.
7) Who should be involved with Management of Change, the PHA audits,
mechanical integrity audits, compliance
audits; how should findings be addressed and deficiencies corrected.
8) How should the hot work and line break permits be implemented?
9) How should employees be informed of process safety concerns regarding
locks, car seals or tags on valves
(B) The Contractor Safety Program nor the Employee Participation
Guidelines, did not established a method, such
as PSM  meetings, to inform all employees that their process safety
concerns and suggestion are welcome
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $2,450 · Current $1,225 Reduced

General-duty citation text

29 CFR 1910.119(e)(1):  The process hazard analysis was not appropriate to
the complexity of the process and
did not identify, evaluate, and address the control of the hazards
involved in the process:
The facilitys process hazard analysis/PHA revalidation conducted 2008 was
not of appropriate complexity to
identify and control the following hazards:
1) The need to communicate with documentation the resolution of PHA action
items to employees.
2) The need to place an inspection/replacement frequency schedule of all
pressure safety relief valves and the need
replace the original 1998 system PSRV in 2008.
3) The need of placing the gas hoses in the Aerosol Gas Room on a
preventative maintenance schedule.
4) The need to conduct incident investigations
5) The need to issue hot work and line break permits
6) The need to ensure contractor, operator, maintenance and emergency
response having adequate training
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

General-duty citation text

29 CFR 1910.119(e)(3)(ii):  The process hazard analysis did not identify
any previous incident which had a
likely potential for catastrophic consequences in the workplace:
The PHA did not include an evaluation of an incident which occurred at
1025 West 8th St., Kansas City,
Missouri, in which an explosion and fire that occurred in the Aerosol Gas
Room in 1998 due to back flash of
the exhaust system causing the building occupants to evacuate and
extensive building damage.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

General-duty citation text

29 CFR 1910.119(e)(3)(iv):  The process hazard analysis did not address
the consequences of failure of
engineering and administrative controls:
The PHA did not address the consequences of the failure of engineering and
administrative controls such as, but
not limited to, failure of  a mechanical integrity program, failure of a
preventative
maintenance program, failure
of incident investigations, failure of Management of Change procedures and
failure of an effective emergency
response program.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

General-duty citation text

29 CFR 1910.119(e)(3)(v):  The process hazard analysis did not address
facility siting:
The process hazard analysis did not address all facility sitting issues
such as but not limited to the following:
1) The Facility Siting What-Ifs do not adequately address the hazards and
consequences of rooftop emergency
egress in the event of a release
2) The Facility Siting What-Ifs do not adequately address the hazards of
replacing SRVs and lack of work
platforms in performing this activity, such as but not limited to, the
storage High Pressure receiver
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

General-duty citation text

29 CFR 1910.119(e)(3)(vi):  The process hazard analysis did not address
human factors:
The process hazard analysis did not adequately address human factors
issues, such as but not limited to:
1) Work Place/Working Environment does not adequately address the
consequences of not providing clearly,
accurately and unambiguously labeled equipment and PI&D drawings, such as
the V-15 & V-14 on the High
Pressure Storage Receiver, out of service systems pipes, valves and
accumulator, unlabeled valve locks
2) Training/Education
3) Unusual work schedules
4) Location of isolation valves and written steps to isolate all regulated
equipment.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $1,100 · Current $550 Reduced

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:
OR IN THE ALTERNATIVE
29 CFR 1910.119(f)(1)(i)(E): The employer's written operating procedures
covering the steps for each operating
phase did not address emergency operations:
The employers written standard operating procedures did not have temporary
or emergency operating procedures
listed for system upsets including operating outside normal operating
limits, operating without safety systems such
as interlocks and alarms, operations when repairing online instruments,
loss and partial loss of utilities or loss of
backup power, operation when the computer system goes down or locks up in
an unknown condition.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $1,375 · Current $688 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(ii):  Inspections and testing procedures performed
on process equipment to maintain its
mechanical integrity, did not follow recognized and generally accepted
good engineering practices:
(A) At the facility, the Mechanical Integrity Program did not include
procedures for the inspection and testing of
piping, heat exchanger and accumulator that followed good engineering
practice.
(B) At the facility, the Mechanical Integrity Program did not include
procedures for the inspection and testing of
pressure relief valves and vent systems that followed good engineering
practices.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $2,450 · Current $1,225 Reduced

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:
At the facility, the employer did not establish and implement written
procedures to include the following:
Documentation requirements including the technical basis of the change
(i.e.,
reasons for performing the work,
desired results, technical, and appropriate implementation instructions),
the type of PHA to perform, requirements
to update P&IDs and SOPs.
A definition of the scope of the management of change system to include
personnel changes, organizational changes,
and titles and roles of key personnel on all shifts.
Did not specify training requirements for personnel initiating and
implementing changes and methods of
communicating changes to operators, maintenance technicians, engineers and
managers prior to operating the unit.
Did not specify guidelines for special situations such as bypasses of
safety or electrical equipment, operating outside
of safe operating limits.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $1,375 · Current $688 Reduced

General-duty citation text

29 CFR 1910.119(m)(1):  The employer did not investigate each incident
which resulted in, or could reasonably
have resulted in, a catastrophic release of a highly hazardous chemical in
the
workplace:
On or about June 4, 2010 located in the Aerosol Gas Room, a propellant gas
hose broke causing a release of
propellant and the incident was not investigated.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $1,375 · Current $688 Reduced

General-duty citation text

29 CFR 1910.119(n):  The employer did not establish and implement an
emergency plan for the entire plant in
accordance with the provisions of 29 CFR 1910.38(a):
Located at the facility, the employer having propellant Aerosol Gas
operation and storage receiver areas whose
operators, engineers and mechanics are expected to participate in
emergency response activity did not include
and implement an emergency action plan under the provisions of 29 CFR
1910.38.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.

Issued

Sep 30, 2010

Abate by

May 2, 2011

Penalty

Initial $1,375 · Current $688 Reduced

General-duty citation text

29 CFR 1910.120 (q)(6)(ii)(A):   Employees who participated, or were
expected to participate, in emergency
response as first responders at the operational level had not received at
least 8 hours of training and/or had not
been certified as having such training and/or did not have sufficient
experience to demonstrate competency, in
addition to the areas listed for the awareness levels, in knowledge of
basic hazard and risk assessment
techniques:
Located in the tank yard and Aerosol Gas Room areas of the facility,
operators, engineers and mechanics who
work on the propellant gas and crimping equipment are expected to
participate in emergency response, at the
operational level, and were not provided adequately training.
Abatement Note: Abatement certification is required for this item using
the CERTIFICATION OF
CORRECTIVE ACTION WORKSHEET.