OSHA Inspection: UNIVAR USA INC.

Issued

Mar 18, 2015

Abate by

Apr 22, 2015

Penalty

Initial $2,550 · Current $1,913 Reduced

Hazardous substances 064022602290

General-duty citation text

29 CFR 1910.119(c)(1): The employer did not develop a written plan of action regarding the implementation of employee participation:    a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer did not include the process employees in the development and implementation of the written PSM employee participation plan that was to cover all aspects of process safety management, including the  conduct and development of the Process Hazard Analysis and Recommendations Resolution, Operating Procedure Development, Process Training, Process Contractor Activities, Pre-Startup Safety Review, Mechanical Integrity Program, Hot Work Permits, the Management of Changes, Incident Investigation Root Causes and Resolutions, Emergency Planning and Response, and Process Compliance Audits and Recommendations Resolution.       Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 18, 2015

Abate by

Oct 22, 2015

Penalty

Initial $4,250 · Current $3,188 Reduced

Hazardous substances 064022602290

General-duty citation text

29 CFR 1910.119(d): The employer did not complete a compilation of written process safety information, including information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process before conducting the process hazard analysis:    a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer did not compile complete and detailed process safety information before conducting the process hazard analysis in that information on the hazardous effects of the inadvertent mixing of the process chemicals chlorine and sulfur dioxide was not included; nor was information on the safe upper and lower limits for temperatures, pressures, flows or compositions of the process system components collected; and the relief system design and design basis was not determined.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Jul 24, 2015

Penalty

Initial $7,000 · Current $5,250 Reduced

Hazardous substances 064022602290

General-duty citation text

29 CFR 1910.119(e)(1): The process hazard analysis was not appropriate to the complexity of the process and did not identify, evaluate, and control the hazards involved in the process:     a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer's process hazard analysis [PHA] did not identify, evaluate, and control the hazards of railcar failure resulting in a substantial release of the process chemicals Chlorine or Sulfur Dioxide flowing only in the direction of the worst case scenario, (toward the northeast population center) and away from the sensors in the immediate area and toward the Middletown Branch offices. The PHA only accounted for the effects of release on the process employees, not identifying, evaluating, and controlling for the effects of the release of process chemicals on nearby non-process employees.       b)  For the Chlorine and Sulfur Dioxide containing Processes - On or about September 19, 2014, the employer's process hazard analysis did not identify, evaluate, and control hazards related to facility siting in that the Middletown Branch offices are of normal construction and directly adjacent to the railcar quantities of the process chemicals Chlorine and Sulfur Dioxide.    c)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer's process hazard analysis did not identify, evaluate, and control the degree or range of the safety and health effects of Chlorine and Sulfur Dioxide on employees or the number of employees upon which the failure of controls or the consequences of a deviation might have an impact.        Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Jul 24, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 064022602290

General-duty citation text

PER FSA - INSTANCE (A) DELETED      29 CFR 1910.119(e)(3)(i): The process hazard analysis did not address the hazards of the process:    a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer's process hazard analysis did not identify, evaluate, and control the hazards of the process relating to possible backflow from, overpressure in, or procedure deviations on the sniff vats that generate sodium hypochlorite and sodium bisulfite from the process chemicals recovered from the filling and nightly process shutdown procedures.     b)  For the Chlorine and Powell Continuous Flow Bleach Process - On or about March 11, 2015, the employer's process hazard analysis did not identify, evaluate, and control the hazards relating to the Powell continuous flow bleach process.     Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Jul 24, 2015

Penalty

Initial $7,000 · Current $5,250 Reduced

Hazardous substances 064022602290

General-duty citation text

29 CFR 1910.119(e)(5): The employer did not establish a system to promptly address the team's findings and recommendations; assure that the recommendations were resolved in a timely manner with documented resolutions; document the actions that were to be taken; complete actions as soon as possible; develop a written schedule of action completion dates; or communicate the actions to operating maintenance, and other employees working in the process areas or who may have been affected by the recommendations or actions:    a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer failed to promptly address the 2013 Process Hazard Analysis team's findings and recommendations all the way to a final resolution for each finding.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Jul 24, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 064022602290

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 had been corrected:    a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about September 19, 2014, the employer failed to promptly determine and document an appropriate response to each of the findings in the September 17-18, 2012, PSM and RMP Compliance Audit all the way to a final resolution for each finding.    Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Apr 22, 2015

Penalty

Initial $7,000 · Current $5,250 Reduced

Hazardous substances 0640159122602290

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 with the process safety information and addressing at least steps for each operating phase, safe operating limits, safety and health considerations, and safety systems and their functions as outlined by this paragraph:    a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about September 19, 2014, the employer had not maintained readily accessible clear operating procedures meeting 29 CFR part 1910.119(f)(1)-(4) for the emergency capping kits A, B, and C, nor developed and implemented clear operating procedures for when to activate their use, the altered state operations during their use, or when to decommission their use.      b)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer had not developed and implemented clear operating procedures meeting 29 CFR part 1910.119(f)(1)-(4) for the sniff vats that generate sodium hypochlorite and sodium bisulfite from the process chemicals recovered from the filling and nightly process shutdown procedures.     c)  For the Chlorine and Powell Continuous Flow Bleach Process - On or about March 11, 2015, the employer had not developed and implemented clear operating procedures meeting 29 CFR part 1910.119(f)(1)-(4) for the Powell continuous flow bleach process.     Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Jun 24, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 064022602290

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)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer had not compiled a complete set of written procedures and an ongoing maintenance schedule used to maintain the ongoing integrity of the process equipment, including the procedures and guidelines [RAGAGEP] followed by their outside equipment maintenance and calibration contractors.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

Jun 8, 2015

Penalty

Initial $3,400 · Current $2,549 Reduced

Hazardous substances 064022602290

General-duty citation text

29 CFR 1910.134(c)(1)(ix): The written respiratory protection program did not contain procedures for regularly evaluating the effectiveness of the program:      a)  For the Chlorine containing Processes - On or about March 11, 2015, the employer failed to establish and implement procedures for regularly evaluating the effectiveness of the respiratory protection program, covering employees potentially exposed above the airborne ceiling limit for chlorine.      b)  For the Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer failed to establish and implement procedures for regularly evaluating the effectiveness of the respiratory protection program for employees exposed to sulfur dioxide gas.      Abatement certification and documentation required within 10 days after abatement date. The certification shall include a statement that abatement is complete, the date and method of abatement, and state that employees and their representatives were informed of this abatement. Abatement documentation shall include documents demonstrating that abatement is complete, such as evidence of the purchase or repair of equipment, photographic or video evidence of abatement or other written records.

Issued

Mar 18, 2015

Abate by

May 25, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 0640159122602290

General-duty citation text

29 CFR 1910.1025(l)(1)(i): Employee(s) working in an area where there is potential exposure to airborne lead at any level were not informed of the content of Appendices A and B of 29 CFR 1910.1025:      a)  For the Chlorine and Sulfur Dioxide containing Processes - On or about March 11, 2015, the employees removing, refurbishing, and replacing lead gaskets with the ton container and cylinder valves were not informed of the contents of appendix A and B of 1910.1025 prior to initial assignment where there was occupational exposure to lead and lead dust.      Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.

Issued

Mar 18, 2015

Abate by

May 25, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 0640159122602290

General-duty citation text

29 CFR 1910.1200(h)(1): Employees were not provided effective information and training on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard that the employees had not been previously trained about was introduced into their work area:    a)  For the Middletown Branch Offices - On or about March 11, 2015, the employer failed to provide the office employees with effective information and training on the physical and health hazards and signs and symptoms of exposure to Chlorine and Sulfur Dioxide upon their initial assignment to positions where exposure and overexposure were possible within their work areas directly adjacent to the railcar quantities of the process chemicals Chlorine and Sulfur Dioxide.      b)  For the Sulfur Dioxide containing Processes - On or about March 11, 2015, the employer failed to provide employees with effective information and training on the physical and health hazards and signs and symptoms of exposure to Lead, Chlorine and Sulfur Dioxide upon their initial assignment to positions where exposure and overexposure were possible within their work areas.     c)  For the Chlorine containing Processes - On or about March 11, 2015, the employer failed to provide employees, exposed above the airborne ceiling limit concentration of 1 part per million particles of air (ppm) for chlorine, with effective information and training on the physical and health hazards and signs and symptoms of exposure and overexposure associated with the toxic chemical Lead and the highly hazardous chemicals Chlorine and Sulfur Dioxide upon their initial assignment to positions where exposure and overexposure were possible within their work areas.       Abatement certification required within 10 days after abatement date. The certification shall include a statement that abatement is complete, date and method of abatement, and states employees and their representatives were informed of this abatement.