OSHA Inspection: FIABILA USA, INC.

Issued

Nov 25, 2014

Abate by

Jan 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.106(b)(4)(iv)(h): Tanks inside buildings were not equipped with a device or other means to prevent overflow into the building:    a) Tank farm    On 7/15/2014 Employees were exposed to ethyl acetate, a flammable liquid, when the interior flammable storage tank T-102 overflowed during transfer of ethyl acetate. The following individual components of the overflow prevention device were not functional:    - The high level alarm for T-102 was set at 39,000lbs (maximum capacity of the storage tank), and failed to provide adequate warning to prevent an overflow.  - Transfer to storage tank T-102 is conducted through valve #XV102. The valve was kept open with a c-clamp because the valve closes by itself during material transfer. Maintaining the valve open prevented the employees from remotely closing the valve to prevent overflow.  - During transfer to T-102, the outside visual & audible alarm did not warn employee to take action to prevent an overflow.    The ethyl acetate overflowed into the production area (covered process) where employees were manufacturing nail polish using ethyl acetate and butyl acetate, both flammable liquids.     Violation occurred on or about 7/15/2014

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 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) Production area    The employer had no written plan of action for employee participation in process safety management.  Employees  manufactured nail polish using ethyl acetate and butyl acetate, flammable liquids.  Processes occurring during the inspection included, but were not limited to, pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is 22,000lbs.    Violation occurred on or about 6/4/2014

Issued

Nov 25, 2014

Abate by

Jun 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(d)(2)(i): Process safety information pertaining to the technology of the process did not include the elements specified in 29 CFR 1910.119(d)(2)(i)(A) through (E):    a) Production area  The employer did not develop process safety information pertaining to the technology of the processes used by employees in the manufacture of nail polish including:    (B)   Process chemistry,  (C)   Maximum intended inventory of flammables,  (D)   Safe upper and lower limits for parameters like temperature and pressure,  (E)   Consequences of deviations including those affecting the safety and health of employees    Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids.  Processes occurring during the inspection included, but were not limited to, pumping and mixing/agitation of flammable liquids with approximately quantities of 22,000lbs.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jun 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(d)(3)(i): Process safety information pertaining to the equipment in the process did not include the elements specified in 29 CFR 1910.119(d)(3)(i)(A) through (H):     a) Production area     The employer did not have information on the equipment used by employees in the manufacture of nail polish, including, but not limited to,     (A) materials of construction for pipes, pump, and valves, and relief systems and safety systems designs;   (B) accurate Piping & Instrumentation Diagrams (P&IDs);   (D) relief systems and design basis;   (F) design codes and standards employed;   (H) safety systems     Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids.  Processes occurring during the inspection included, but were not limited to, pumping and mixing/agitation of flammable liquids with approximately quantities of 22,000lbs.       Violation occurred on or about 5/29/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(e)(1): The employer did not perform an initial process hazard analysis (hazard evaluation) on processes covered by 29 CFR 1910.119:    a) Production area    The employer did not perform an initial process hazard analysis on the covered process used by employees in the manufacture of nail polish such as, but not limited to, transferring, and mixing of flammable liquids. The quantity of flammable liquids in the process is 22,000lbs.     Violation occurred on or about 5/29/2014.

Issued

Nov 25, 2014

Abate by

Jun 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

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 safely conducting activities involved in each covered process consistent the safety information and which address the elements listed in 29 CFR 1910.119(f)(1)(i) through (f)(1)(v):     a) Production area    The employer did not develop and implement written operating procedures, including but not limited to, normal start up/shut down procedures, emergency shut down, and temporary operations. Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids. Processes occurring during the inspection included, but were not limited,pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is 22,000lbs.     Violation occurred on or about 5/29/2014.

Issued

Nov 25, 2014

Abate by

Aug 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(g)(1)(i): The employer did not train each employee involved in the operating process, in a overview of the process and in the operating procedures as specified in paragraph (f) of 29 CFR 1910.119:      a) Production area    Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids, without receiving training including, but not limited to the process' safety hazards, emergency shutdown, operating limits, and general requirements of the process safety standard.  Processes occurring during the time of the inspection included, but were not limited to, pumping, and mixing/agitation of flammable liquids. The quantity of flammable liquids in the process is 22,000lbs.       Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Feb 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(h)(2)(i): The employer, when selecting a contractor, did not obtain and evaluate information regarding the contract employer's safety performance and program:      The employer did not evaluate the health and safety programs nor the performance of contractors including, but not limited to the following contractors:     a) Production area  AFA Protective Systems conducted work on the fire alarm system within the covered process area on 7/3/2014.    b) Production area  Forrest Electrical conducted work on electrical installation for the chiller used on the homogenizer on 7/14/2014, 7/15/2014, & 7/16/2015.    c) Production and tank farm areas  Oak Ridge Electric & Control conducted work on the PLC for the process vessels on 8/6/2014.     Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids. Processes occurring during the inspection included, but were not limited to, storage, pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is approximately 100,000lbs.     Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jan 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(h)(2)(iv): The employer did not implement safe work practices consistent with paragraph (f)(4) of this section to control the entrance, presence and exit of contract employers and contract employees in the covered process areas:      a) Production Area  The employer failed to verify that employees of contractor from AFA Protective Services signed out on 7/3/2014 when leaving the facility in which flammable liquids are handled.    b) Production Area  The employer failed to verify that employees of contractor from Forrest Electric signed out on 7/8/2014 when leaving the facility in which flammable liquids are handled.     c) Production Area  The employer failed to verify that employees of contractor from Oak Ridge Electric signed out when leaving the facility in which flammable liquids are handled. The contractor conducted service on the receiving alarm on 8/1/2014.    Violation observed on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Aug 30, 2015

Penalty

Initial $4,900 · Current $3,674 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:    a) Production area    The employer did not establish and implement written mechanical integrity procedures for employees responsible for maintenance of process equipment, including but not limited to pipes, pumps, valves, vessels, and safety systems. Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids. Processes occurring during the inspection includes, but were not limited to, pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is approximately 22,000lbs.     Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(i): The employer did not perform inspection and tests on process equipment to maintain its mechanical integrity:    a) Production Area  The employer failed to conduct routine process piping inspections.    b) Production Area  The employer failed to conduct testing of critical safety parameters on the gel homogenizer for temperature & pressure.      Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids. Processes occurring during the inspection included, but were not limited to, pumping, and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is approximately 22,000lbs.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jun 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(ii): Inspection and testing procedures on process equipment to maintain its mechanical integrity, did not follow recognized and generally accepted good engineering practices:    a) Production area  The employer failed to inspect the flame arrestor as recommended by the manufacturer. The manufacturer recommends quarterly inspection of gaskets, seats, diaphragm, pallets stems & stem guides, checking surfaces for nicks, cuts, cracks & to make certain the pallets move freely.    Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids. Processes occurring during the inspection includes, but were not limited to, pumping mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is 22,000lbs.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 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:     a) Production area   Management of change procedures were not established or implemented when the employer failed to evaluate impact to the covered process when a new homogenizer was added in 2012.    b) Production area  Management of change procedures were not established or implemented when the employer failed to evaluate impact to the covered process when stainless steel pipes were used instead of black iron piping in 2012.    c) Production area  Management of change procedures were not established or implemented when the employer failed to evaluate impact to the covered process when four pipes were added to Vessel 108 within the last 5 years.    Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids.  Processes occurring during the inspection included, but were not limited to, pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is approximately 22,000lbs.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jan 14, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(m)(3): The incident investigation team did not consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident:    a) Production area    On 7/15/2014 ethyl acetate was being delivered by a tanker truck contractor. During this delivery the ethyl acetate overflowed the 39,000lb storage tank.  The overflowed material was released into the covered process area. The employer did not include a representative from the contractor on the investigation team.     Violation occurred on or about 7/15/2014.

Issued

Nov 25, 2014

Abate by

Aug 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.119(n): The employer did not establish an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38:    a) Production Area    The employer's emergency plan did not describe procedures for reporting an emergency, procedures for shutdown of critical operations before employees evacuate, and procedures for handling small releases.    Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids.  Processes occurring during the inspection included, but were not limited to, pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is approximately 22,000lbs.    Violation occurred on or about 5/28/14.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 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:    (a) Production Area  Employees assigned to identify spills and clean up spills of flammable liquids were not provided annual refresher training.    Employees manufactured nail polish using ethyl acetate and butyl acetate, both flammable liquids.  Processes occurring during the inspection included, but were not limited to, pumping and mixing/agitation of flammable liquids. The quantity of the flammable liquids in the process is approximately 22,000lbs.      Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Feb 14, 2015

Penalty

Initial $3,500 · Current $3,674

General-duty citation text

29 CFR 1910.146(c)(2): The employer did not inform exposed employees of the danger posed by the permit spaces by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:    (a) Production and tank farm areas    The employer did not post signs or effectively inform employees of the hazards related to the permit spaces found at the facility. Employees worked with flammable liquids that were stored and processed in permit-required confined spaces, including but not limited to, aboveground storage tanks and process vessels.     Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.147(c)(1): The employer did not establish a program consisting of an energy control procedure, employee training and periodic inspections to ensure that before any employee performed any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative:    a) Establishment    Employees conducted service and maintenance to process equipment without an establishing and implementing an energy control program. Services included installation of bypasses for homogenizer for water and refrigerant and maintenance on pump #1 for toluene tank.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:    (a) Establishment    Employees conducted service and maintenance to process equipment without the availability of equipment specific procedures. Services included installation of bypasses for homogenizer for water and refrigerant and maintenance on pump #1 for toluene tank.     Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.147(c)(5)(i): Locks, tags, chains, wedges, key blocks, adapter pins, self-locking fasteners, or other hardware were not provided by the employer for isolating, securing or blocking of machines or equipment from energy sources:    a) Establishment    Employees conducted service and maintenance to process equipment without using lockout devices and locks. Services included installation of bypasses for homogenizer for water and refrigerant, maintenance on pump #1 for toluene tank, and maintenance on several valves on the covered process.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $4,900 · Current $3,674 Reduced

General-duty citation text

29 CFR 1910.147(c)(7)(i)(A): Authorized employee(s) did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation:    (a) Establishment    Employees conducted service and maintenance to process equipment without authorized employee training. Services included installation of bypasses for homogenizer for water and refrigerant, maintenance on pump #1 for toluene tank, and maintenance on several valves on the covered process.    Violation occurred on or about 5/28/2014.

Issued

Nov 25, 2014

Abate by

Jul 30, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(7)(i)(B): Each affected employee shall be instructed in the purpose and use of the energy control procedure.    a) Establishment    Affected production employees were not trained in lockout. Authorized (mechanic) employees conducted service and maintenance to process equipment. Services included installation of bypasses for homogenizer for water and refrigerant, maintenance on pump #1 for toluene tank, and maintenance on several valves on the covered process.    Violation occurred on or about 5/28/2014.