OSHA Inspection: HERITAGE-WTI, INC.

Issued

Jun 12, 2012

Abate by

Jul 3, 2012

Penalty

Initial $6,300 · Current $3,570 Reduced

Hazardous substances 13682620N809

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 likely to cause death or serious physical harm to employees in that employees were exposed to combustible metals deflagration, explosion, or other fire hazards while working at or near a drum splitting operation without adequate control measures to prevent impact sparks or static electricity discharge:    On or about December 17, 2011, although unaware that it had received a non-PSM covered material that differed substantially from what it had contracted to receive, the employer did not ensure that employees performing splitting operations on 071 55-gallon metal drums containing metal wastes, including residues and fines of metals such as, but not limited to, zirconium, halfnium, niobium, and titanium, were protected from combustible metals deflagration, explosion, or other fire hazards, in that:  (a)	The employer allowed its employees to use steel garden hoes and shovels during splitting operations.     (b)	The employer did not provide the means necessary to bond and ground the equipment used during splitting operations such as, but not limited to, the Dalmec metal articulating arm, material handling tools and metal drums.

Issued

Jun 12, 2012

Abate by

Jun 27, 2012

Penalty

Initial $4,500 · Current $3,570 Reduced

General-duty citation text

29 CFR 1910.23(a)(2):  Ladderway floor opening(s) or platform(s) were not guarded by a standard railing with standard toeboard(s) on all exposed sides (except at the entrance to opening) with passage through the railing either provided with a swinging gate or so offset that a person could walk directly into the opening:    On or about February 15, 2012, the two platforms (60 inches high) used to access the Induced Draft (ID) Fan did not have their passage through the railing guarded with a swinging gate or offset so that a person could not walk directly into the opening.

Issued

Jun 12, 2012

Abate by

Jun 19, 2012

Penalty

Initial $6,300 · Current $3,570 Reduced

General-duty citation text

29 CFR 1910.120(p)(8)(i): The employer failed to implement several emergency response plan elements during emergency response efforts performed immediately following a metal dust deflagration within the splitting area, as follows:    On or before December 17, 2011, the employer failed to implement several emergency response plan elements during emergency response efforts performed immediately following a metal dust deflagration within the splitting area, as follows:    The employer failed to establish safe distances in accordance with 1910.120(p)(8)(ii)(D), failed to establish site security and control in accordance with 1910.120(p)(8)(ii)(E), and failed to ensure that all personnel donned proper personal protective equipment in accordance with 1910.120(p)(8)(ii)(K).    During the emergency response activities, multiple personnel including the incident commander entered the deflagration and fire area without a method of controlled access.     Multiple personnel entered the deflagration and fire area without proper personal protective equipment such as but not limited to respirators and turnout gear.

Issued

Jun 12, 2012

Abate by

Jun 19, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.120(p)(8)(iv)(F): Based upon information available at the time of the emergency, the employer did not evaluate the incident and the site response capabilities and proceed with the appropriate steps to implement the site emergency response plan:    On or before December 17, 2011, the employer failed to perform an incident/site evaluation in accordance with their emergency response plan prior to allowing personnel to perform emergency response operations within the splitting area immediately following a metal dust deflagration event.

Issued

Jun 12, 2012

Abate by

Jun 17, 2012

Penalty

Initial $6,300 · Current $0 Reduced

General-duty citation text

29 CFR 1910.146(f)(4):     The entry permit that documented compliance and authorized entry to a permit space did not identify the authorized entrants within the permit space by name or by such other means:    On or about February 10, 2012, the Permit Required Confined Space Entry Permit, Permit No. BOP-12-089 did not list the name(s) of the authorized entrant(s).

Issued

Jun 12, 2012

Abate by

Jun 27, 2012

Penalty

Initial $0 · Current $3,570

General-duty citation text

29 CFR 1910.146(g)(2)(iv):     The employer did not provide training to each affected employee whenever the employer had reason to believe either that there were deviations from the permit space entry procedures required by 29 CFR 1910.146(d)(3) or that there are inadequacies in the employee's knowledge or use of their procedures:    On or about March 12, 2012, employees who routinely fill out permits to enter permit required confined spaces were not re-trained after deficiencies were found in filled out permits, which were reviewed as part of the annual program review.

Issued

Jun 12, 2012

Abate by

Apr 1, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.146(k)(2)(iv):     An employer whose employees have been designated to provide permit space rescue and emergency services did not ensure that affected employees practiced making permit space rescues at least once every 12 months:    On or about March 12, 2012, employees did not practice making permit space rescues at least once every 12 months in actual permit spaces or representative permit spaces.  These spaces include but are not limited to the T-5 tank.

Issued

Jun 12, 2012

Abate by

Jul 12, 2012

Penalty

Initial $0 · Current $3,570

General-duty citation text

29 CFR 1910.147(c)(6)(i):     The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:    On or about February 29, 2012, the employer did not conduct periodic inspections of their energy control procedures for equipment including but not limited to tank T-5 in the tank farm, the kiln, and the Front Wall Slurry Lance.

Issued

Jun 12, 2012

Abate by

Jul 12, 2012

Penalty

Initial $2,700 · Current $3,570

General-duty citation text

29 CFR 1910.212(a)(1):     One or more methods of machine guarding was not provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks:    On or about February 29, 2012, in the Drum Conveyor Area, employees routinely walk on and across the roller conveyor with the rollers moving and after the rollers have been turned off at the control station.  The rollers are not guarded.

Issued

Jun 12, 2012

Abate by

Jul 12, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(f)(2):     Employee(s) using tight-fitting facepiece respirators were not fit tested prior to initial use of the respirator:    On or about February 28, 2012, employees required to wear dust masks were not fit tested prior to use.