OSHA Inspection: 99 CENTS ONLY STORES TEXAS, INC.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.23(c)(1): Open-sided floors and/or platforms four feet or more above adjacent floor or ground level were not guarded with standard railings (or equivalent) and toeboards:    The employer does not guard open-sided platforms that are greater than four feet high.    This violation instance was observed on or about March 21, 2012 on the platform above the engine room where employees were exposed to a fall hazard over 4 feet when working on the platform.

Issued

Sep 21, 2012

Abate by

Nov 20, 2012

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(D):  Process safety information pertaining to the equipment in the process did not include the relief system design and design basis:     The employer does not ensure that the process safety information contains the ammonia refrigeration system relief design and design basis.     This violation occurred on or about March 21, 2012 in the ammonia refrigeration engine room where these conditions exposed employees to the hazards associated with having uncontrolled releases of ammonia liquid and/or vapor into the atmosphere.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(E): Process safety information pertaining to the equipment in the process did not include the ventilation system design.      The employer does not ensure that process safety information includes the ventilation design for the ventilation in the ammonia refrigeration engine room; exposing employees to the hazards associated with uncontrolled anhydrous ammonia vapor releases.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(iv):  The employer did not list in its operating procedures, the specific safety systems and their functions    The employer does ensure that specific safety systems and their functions are listed in it's operating procedures such as but not limited to:   a.	The ammonia detection system located in the machine room consisting of two independent sensors and alarms.    b.	The emergency ventilation system activated by the  ammonia detectors and temperatures.   c.	High and Low Pressure Cut-offs  d.	High Discharge-Temperature Cut-offs   e.	Low Suction Pressure Cut-offs   f.	Low Oil Pressure Cut-offs and their functions were not listed in the operating procedures.    These violations occurred on or about March 21, 2012 in the refrigeration system machine room where these conditions exposed employees to the hazards associated with uncontrolled releases of annhydrous ammonia liquid and/or vapor into the atmosphere.

Issued

Sep 21, 2012

Abate by

Nov 20, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(f)(4): The employer shall develop and implement safe work practices to provide for the control of hazards during operations such as lockout/tagout; confined space entry; opening process equipment or piping; and control over entrance into a facility by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.    The employer does not ensure that safe work practices are developed and implemented for control of hazards during operations such as lockout/tagout.      This violation was observed on or about March 21, 2012 in the refrigeration machine room where  employees were exposed to electrical hazards in that an energy control policy and procedure was not in place for the control of hazardous electrical and chemical energy in accordance with 29 CFR 1910.147.

Issued

Sep 21, 2012

Abate by

Nov 20, 2012

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures shall be developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section.     The employer does not ensure that a procedure to control hazardous electrical and chemical energy is developed, documented and utilized in the workplace.    These violation instances occured on or about March 21, 2012 in the ammonia refrigeration system machine room where these conditions exposed employees to the hazards associated with uncontrolled releases of annhydrous ammonia liquid and/or vapors into the atmosphere.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.119(g)(3): The employer did not prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.      The employer does not ensure that any training received by operators of the ammonia refrigeration system is documented in a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.       This violation instance occurred at 99 Cent Stores Only where these conditions exposed employees to the hazards associated with exposure to uncontrolled release of anhydrous ammonia.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(i)(1):  The employer did not perform a pre-startup safety review for modified facilities.      The employer does not perform a pre-startup safety review for modified facilities. This violation instance occured in the ammonia refrigeration system machine room when a pre-startup safety review was not conducted for the installation of a condenser for the ammonia refrigeration system, in March, 2012, exposing employees to the hazards associated with uncontrolled releases of anhydrous ammonia liquid and/or vapors into the atmosphere.

Issued

Sep 21, 2012

Abate by

Jan 4, 2013

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(j)(2):  The employer did not establish or implement written procedures to maintain the on-going integrity of process equipment    The employer does not ensure that written procedures to maintain the ongoing integrity of the process are developed and implemented for items such as, but not limited, to the following:   a.	External visual inspection of insulated vessels                  1. LSA-1                  2. HSA-1  b.	External visual inspection of insulated piping segments                  1. LSA-1 PIPE                  2. HSA-1 PIPE  c.	External visual inspection of un-insulated vessels                  1. CPR-1                  2. CPR-2  d.	External visual inspection of un-insulated piping                  1. OP-02 PIPE                  2. PG-01 PIPE  e.	Inspection, testing, and preventative maintenance of  the compressors in the engine room.                   1. C-1                  2. C-2                  3. C-3  f.              Establishing Thickness Monitoring Locations for process piping.                  1. LSA-1 PIPE                  2. HSA-1 PIPE

Issued

Sep 21, 2012

Abate by

Feb 11, 2013

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(ii):     Inspection and testing procedures did not follow recognized and generally accepted good engineering practices.    The employer does not ensure that inspections and testing was completed in accordance with recognized and generally accepted good engineering practices (RAGAGEP).  These violations instances occurred in the ammonia refrigeration engine room where ultrasonic thickness testing were not conducted on, but not limited to, the following process equiipment in acccordance with such RAGAGEP as the International Institute of Ammonia Refrigeration (IIAR) Bulletin Number 110 exposing employees to the hazards associated with uncontrolled releases of ammonia liquid and/or vapor into the atmosphere:     a)	Control Pressure Receiver (PV-CPR01\RFG-VS-C)   b)	Liquid Transfer/Dump Tank 1 (PV-DT-01\RFG-VS-D)   c)	Low Stage Accumulator 1 (PV-LSA1\RFG-VS-L)   d)	High Stage Accumulator 1 (PV-HSA1\RFG-VS-H)   e)	High Stage Accumulator 2 (PV-HSA2\RFG-VS-H)   f)	Low Stage Accumulator 1 Oil Pot (PV-OP-01\RFG-VS-O)   g)	Heat Exchanger for Banana Rooms (EX-HX-01\RFGHX-01)   h)	Heat Exchanger for Under Floor Heat (EX-HX-02\RFGHX-02)   i)	Heat Exchanger for Under Floor Heat (EX-HX-03\RFGHX-03)

Issued

Sep 21, 2012

Abate by

Nov 26, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

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, and more frequently if determined to be necessary by prior operating experience:     The employer does not ensure that inspections and tests are conducted at a frequency consistent with recognized and generally accepted good engineering practice such as IIAR Bulletin 110 for specific safety systems identified as safeguards in the 2010 process hazard analysis (PHA) and annual visual inspections for piping and vessel that include but are not limited to the following:   a.	Annual High Pressure Cut-offs (BC2, BC3, C2High, C4)   b.	Annual Emergency Stop (E-Stop Outside the Machine Room)   c.	Annual Low Oil Pressure Cut-offs (BC2, BC3, C2High, C4)   d.	Annual High Oil Temperature Cut-offs (BC2, BC3, C2High, C4)   e.	Annual High Level Alarms (LSA1, HSA1, HSA2)   f.	Annual High Discharge Temperature (BC2, BC3, C2High, C4)   g.	Annual Low Suction Pressure Cut-offs (BC2, BC3, C2High, C4)   h.	Annual High Level Shutoffs (LSA1, HSA1, HSA2)   i.	Annual Visual inspection of vessels and piping associated with the ammonia refrigeration system and shown on P&ID (R-2).   j.              Five (5) year independent Full Inspection of vessels and heat-exchangers asssociated with the ammonia refrigeration system and shown on P&ID (R-2).    These violation instances occurred in the ammonia refrigeration machine room where these conditions exposed employees to the hazards associated with uncontrolled ammonia liquid/vapor releases into the atmosphere.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(iv):  The documentation of the inspection or test that had been performed on process equipment to maintain its mechanical integrity did not include a description of the inspection or test, and the results of the inspection or test:     The employer does not ensure a description of the tests/inspections are documented that had been performed on process equipment including but not limited to:   a.	High Pressure Cut-offs (BC2, BC3, C2High, C4)   b.	Emergency Stop (E-Stop Outside the Machine Room)   c.	Low Oil Pressure Cut-offs (BC2, BC3, C2High, C4)   d.	High Oil Temperature Cut-offs (BC2, BC3, C2High, C4)   e.	High Level Alarms (LSA1, HSA1, HSA2)   f.	High Discharge Temperature (BC2, BC3, C2High, C4)   g.	Low Suction Pressure Cut-offs (BC2, BC3, C2High, C4)   h.	High Level Shutoffs (LSA1, HSA1, HSA2).     These violation instances occurred in the ammonia refrigeration machine room where these conditions exposed employees to the hazards associated with uncontrolled anhydrous ammonia liquid and/or vapor releases into the atmosphere.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(j)(5):  The employer did not correct deficiencies in equipment that were outside acceptable limits in a timely manner:     The employer does not address deficiencies of equipment performing safety functions such as but not limited to:   The refrigeration system machine room emergency ventilation system intake louver controls were disconnected and inoperable.     This violation instance was observed on or about March 21, 2012 in the ammonia refrigeration system machine room where these conditions exposed employees to the hazards of uncontrolled releases of ammonia liquid and/or vapor into the atmosphere.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(l)(1):  The employer did not implement written procedures to manage changes to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process:     The employer does not implement management of change procedures to manage changes to the equipment and procedures such as but not limited to;     a.	Addition of anhydrous ammonia to the refrigeration system in March 2012 when the maximum operating inventory  was increased for additional cooling capacity.    b.             Removal of two condensers.    c.             Installation of an additional condenser.      These violation instances occurred in the ammonia refrigeration system where these conditions exposed employees to the hazards associated with uncontrolled releases of anhydrous ammonia liquid and/or vapors into the atmosphere.

Issued

Sep 21, 2012

Abate by

Jan 4, 2013

Penalty

Initial $7,000 · Current $4,200 Reduced

General-duty citation text

29 CFR 1910.119(n): Emergency planning and response. The employer did not establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38.    The employer does not establish and implement an emergency action plan for the entire plant in accordance with the provisions of 29 CFR 1910.38     This violation instance occured in the ammonia refrigeration area exposing employees to the hazards associated with an uncontrolled release of ammonia liquid and/or vapors into the atmosphere.

Issued

Sep 21, 2012

Abate by

Oct 5, 2012

Penalty

Initial $7,000 · Current $4,200 Reduced

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:     The employer does not ensure that process safety management compliance audits are conducted for the ammonia refrigeration system at least every three years as required by the standard exposing employees to the hazards associated with uncontrolled releases of ammonia liquid and/or vapors into the atmosphere.

Issued

Sep 21, 2012

Abate by

Dec 4, 2012

Penalty

Initial $5,000 · Current $3,000 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i): The employer shall provide training to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees.     The employer does not ensure that training is provided for control of hazardous electrical and chemical energy in the work place.    These violation instances occured on or about March 21, 2012 in the ammonia refrigeration system machine room where these conditions exposed employees to the hazards associated with uncontrolled releases of annhydrous ammonia liquid and/or vapors into the atmosphere.