OSHA Inspection: EMERALD PERFORMANCE MATERIALS, LLC

Issued

Nov 29, 2011

Abate by

Jan 13, 2012

Penalty

Initial $4,250 · Current $2,125 Reduced

General-duty citation text

29 CFR 1910.119(e)(6):  The employer did not ensure after the initial
process hazard analysis
that the process hazard analysis was updated and revalidated at least
every five (5) years by a
team meeting the requirements of 29 CFR 1910.119(e)(4):
At Emerald, the employer did not ensure the process hazard analysis was
conducted on the
Crude Unit every five years.  The last PHA for the Crude Unit was
conducted in 2004.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Jan 13, 2012

Penalty

Initial $2,550 · Current $800 Reduced

General-duty citation text

29 CFR 1910.119(h)(2)(vi):  The employer did not maintain a contract
employee injury and
illness log related to contractor's work in process areas:
The employer did not maintain OSHA 300 Forms for the contractors at their
facility.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Feb 13, 2012

Penalty

Initial $4,250 · Current $2,975 Reduced

General-duty citation text

29 CFR 1910.120(q)(8)(i):  Employees who were trained in accordance with
29 CFR
1910.120(q)(6) did not receive annual refresher training of sufficient
content and duration to
maintain their competencies or did not demonstrate competency in those
areas at least yearly:
At Emerald, employees are required to respond to chemical incidents and
the team members had
not received their annual training in accordance with 29 CFR 1910.120
(q)(6).
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Feb 13, 2012

Penalty

Initial $4,250 · Current $2,975 Reduced

General-duty citation text

1910.146(k)(2)(iv) - An employer whose employees have been designated to
provide permit
space rescue and emergency services shall ensure that affected employees
practice making permit
space rescues at least once every 12 months, by means of simulated rescue
operations in which
they remove dummies, manikins, or actual persons from the actual permit
spaces or from
representative permit spaces. Representative permit spaces shall, with
respect to opening size,
configuration, and accessibility, simulate the types of permit spaces from
which rescue is to be
performed.
At Emerald, employees designated on the confined space rescue team had not
received training
annually and had not practiced simulated rescue operations.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Dec 23, 2011

Penalty

Initial $4,250 · Current $2,975 Reduced

General-duty citation text

29 CFR 1910.151(c):  Where employees were exposed to injurious corrosive
materials, suitable
facilities for quick drenching or flushing of the eyes and body were not
provided within the work
area for immediate emergency use:
At Emerald, employees working on the unloading platform in the Tank Farm
were exposed to
eye injuries from Carbon Disulfide, Di-isobutyline, tert-Butylamine and
suitable eye wash
facilities were not provided for immediate emergency use. The eye washes
did not function when
activated.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Jan 13, 2012

Penalty

Initial $4,250 · Current $2,975 Reduced

General-duty citation text

29 CFR 1910.156(c)(2):  Fire brigade members expected to perform interior
structural fire
fighting were not provided with an education session or training at least
quarterly:
At Emerald, employees are required to perform structural fire fighting and
the members have
not been trained quarterly.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Dec 9, 2011

Penalty

Current $4,250

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 safety conducting
activities in each covered
process consistentwith the process safety information and which addressed
the elements listed
in 29 CFR 1910.119(f)(1)(i)(A) through (f)(1)(v)(G):
The employer did not implement clear written operating procedures to
ensure all valves that
were manipulated during purging the MBTC blowdown tanks were listed and
identified.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Jan 13, 2012

General-duty citation text

29 CFR 1910.119(f)(1)(iii)(B):  The employer's written operating
procedures covering safety and
health considerations did not address the precautions necessary to prevent
exposure, including
engineering controls, administrative controls, and person protective
equipment:
The employer did not implement written operating procedures to ensure all
hydrogen sulfide
dosimeters were calibrated on a frequent and regular basis to protect
employees from exposure
to hydrogen sulfide.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***

Issued

Nov 29, 2011

Abate by

Jan 13, 2012

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:
The employer did not certify annually the operating procedures to assure
they reflect current
operating practices.
***ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM IN ACCORDANCE
WITH THE REQUIREMENTS OF 29 CFR 1903.19(c)***