OSHA Inspection: LONE STAR BEEF PROCESSORS, L.P.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $6,000 · Current $3,600 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i)(C): Information pertaining to the equipment in the process did not include the electrical classification:  On or about 26 February 2013, and at times prior thereto, the employer did not have information regarding the electrical classification for the Engine Room of the plant, exposing the employees who work with the system and in the Engine Room to the hazard of ammonia liquid or vapor.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure the electrical classification for the Engine Room is available, up to date, and relevant in regards to the anhydrous ammonia at the meat processing plant.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(3)(ii):  The employer did not document that equipment complies with recognized and generally accepted good engineering practices.   On or about 26 February 2013, and at times prior thereto, the employer did not comply with recognized and generally accepted good engineering practices in that the Engine Room had a single exhaust fan, and the failure of that fan would diminish the ventilation rate, exposing the employees who work with the system and in the Engine Room to the hazard of ammonia liquid or vapor.   Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure the recognized and generally accepted good engineering practices and standards within ANSI/IIAR 2-2008, 13.3.2 are being complied with for the Engine Room.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $6,000 · Current $3,600 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(i): 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 that addressed steps for each operating phase.  On or about 26 February 2013, and at times prior thereto, the employer did not develop and implement standard operating procedures for emergency operations, normal shutdown, and start-up following turnaround or after an emergency shutdown for the anhydrous ammonia refrigeration system at the meat processing plant, exposing employees to the hazards of ammonia exposure during these operations.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure standard operating procedures emergency operations, normal shutdown, and start-up following turnaround or after an emergency shutdown are developed and implemented.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $6,000 · Current $3,600 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment as related to the mechanical integrity of the components.  On or about 26 February 2013, and at times prior thereto, the employer did not perform inspection and testing of process equipment, exposing the employees who work in and around the refrigeration system to the hazards of liquid or vapor ammonia.  1) The employer did not test for the corrosion rate of the process equipment that has been functional since July 2004.  2) The employer did not perform functional testing on the mechanical ventilation system in the Engine Room.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure inspection and testing of process equipment is conducted to determine the mechanical integrity of the components.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $6,000 · Current $3,600 Reduced

General-duty citation text

29 CFR 1910.119(o)(4): The employer did not promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.  On or about 26 February 2013, and at times prior thereto, the employer did not effectively follow up on findings or deficiencies noted within the Compliance Audits conducted in December 2008 and November 2011, exposing employees and contractors who work with the Anhydrous Ammonia refrigeration system to ammonia hazards, such as corrosive burns to the skin, eyes, and respiratory tract in the event of a release. The contractor on site which works with the Anhydrous Ammonia refrigeration system performs the major maintenance, repair, and replacement of parts within the system.  Instance 1: Section 119(h)(2)(i) - Review and evaluate Contractor safety performance and programs. For both years 2008 and 2011, this item was marked "No" by the auditor. Yet, the Report of Findings for both audits had "None" for the Action Taken column and "Yes" for the Complete column. Instance 2: Section 119(h)(3)(v) - Contractor advising the employer of any unique hazards presented by the contract employer's work. For both years 2008 and 2011, this item was marked "No" by the auditor. Yet, the Report of Findings for both audits had "None" for the Action Taken column and "Yes" for the Complete column. Instance 3: Section 119(j)(4) - Requirement for inspections and tests on process equipment related to mechanical integrity. For both years 2008 and 2011, this item was left blank by the auditor. Yet, the Report of Findings for both audits had "None" for the Action Taken column and "Yes" for the Complete column. The employer has never had testing performed to determine corrosion rates on pipes, vessels, and other components of the system, which has been in place since July 2004. Instance 4: Section 119(o)(4) - Requirement to promptly address findings from compliance audits, for year 2011, this item was left blank by the auditor. Yet, the Report of Findings for the audit had "None" for the Action Taken column and "Yes" for the Complete column.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure any and all deficiencies on compliance audits are resolved in a timely manner.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $1,000 · Current $600 Reduced

General-duty citation text

29 CFR 1904.29(b)(1): A Log of all recordable work-related injuries and illnesses (OSHA From 300 or equivalent) was not completed in detail as required by the regulation.  At the inspection site, for calendar years 2010 through 2012, the Log was not completed in the detail required by the regulation. For all three years, additional or accurate information was missing in column F (describe injury or illness, parts of body affected, and object/substance that directly injured or made person ill), columns H through L (case classification and number of days), and column M1 (injury).  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure accurate and detailed information is provided in the Log.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.29(b)(7)(i): An injury or illness to an intimate body part of the reproductive system was not classified as a privacy case.  At the inspection site, for calendar year 2011, the Log had a recordable case that involved an injury to an intimate body part that was not classified as a privacy case. Case# 21 had the employee's name on the Log, raising privacy concerns for the employee.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure injuries or illnesses to an intimate body part of the reproductive system is classified as a privacy case.

Issued

Jun 3, 2013

Abate by

Jul 19, 2013

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1904.32(b)(3): The person who certified the annual summary was not a company executive as defined in 29 CFR 1904.32(b)(4).  At the inspection site, for calendar years 2010 through 2012, the Summary was not certified by a company executive, and was instead certified by the Safety Manager.  Pursuant to 29 C.F.R. 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps that it is taking to ensure the Summary is certified by a company executive to demonstrate that higher level management has seen the Summary and is aware of the previous year's injuries and illnesses.