OSHA Inspection: E.I. DUPONT DE NEMOURS & CO., INC.

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $7,000 · Current $12,675

General-duty citation text

29 CFR 1910.119(d)(3)(i)(B): [Process safety] information pertaining to the equipment in the process did not include the piping and instrument diagrams (P&IDs):  On November 15, 2015 and at times prior thereto, piping and instrument diagrams, such as the following, were inaccurate or incomplete     a)  Piping and Instrument Diagram (P&ID) W1173976, line 11965 reflects that it vents to the MIC Incinerator instead of the NRS.     b)  Piping and Instrument Diagram (P&ID) W363888, line 2822 reflects G82K with a bull plug, but it has been modified.   c)  Piping and Instrument Diagram (P&ID) W363888, line 2817 refelects G32K with a blind flange, but it has been modified.     d)  Piping and Instrument Diagram (P&ID) W1722137, did not reflect the piping modification for the Change of Design (TCOD 2011-21) when piping was modified to route a drain line from the AAO vent header to the MIC Caustic Scrubber.  Abatement documentation required for this item.   Agreed Penalty: $ 12,675

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

The secretary agrees to withdraw Citation 1, Item 2a. The withdrawal of this item is not intended to affect the Secretary's interpretation of the standard, compliance with the standard, nor the application to this employer.

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

The Secretary agrees to withdraw Citation 1, Item 2b. The withdrawal of this item is not intended to affecr the Secretary's interpretation of the standard, compliance with the standard, not the application to this employer.

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $7,000 · Current $12,675

General-duty citation text

The secretary agrees to amend Citation 1, Item 3 classified as a Serious violation to now read as follows:  29 CFR 1920.119(F)(1): The employer did not develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information.  a) On November 15, 2014 and at times prior thereto, at the DuPont facility in La Porte, Texas, the employer did not develop and implement written procedures to correct/address pluggage in the lines of the Mensa system.   b) On November 15, 2014 and at times prior thereto, at the DuPont facility in La Porte, Texas, the employer did not implement safe work practices to provide for the control of hazards during the opening of process piping when swapping and draining the flame arrestors on the NOx Reductions Systems (NRS).  Abatement documentation required for this item.  Agreed Penalty: $12, 675

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

The Secretary agrees to withdraw Citation 1, Item 4. The withdrawal of this item is not intended to affect the Secretary's interpretation of the standard, compliance with the standard, not the application to this employer.

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $7,000 · Current $12,675

General-duty citation text

29 CFR 1910.119(j)(5): Equipment deficiencies. The employer did not correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.  a) On November 15, 2015 and at times prior thereto, in the Lannate/API building of the DuPont facility in La Porte, Texas the employer did not repair the ventilation fans in a timely manner and did not implement measures to ensure safe entry and operation of processes in the building that rely on the ventilation for safety the wet end and damp end ventilation fans were out of service and the affected section of the building was not restricted.  b) On November 15, 2014, at the DuPont facility in La Porte, Texas, the employer did not correct deficiencies before use of the safety interlock at the 1185HV which was being bypassed.  c) On November 15, 2014, at the DuPont facility in La Porte, Texas, the employer did not correct deficiencies before use of the safety interlock at the 1152FV which was being bypassed.   Abatement documentation required for this item.  Agreed Penalty: $12, 675

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $7,000 · Current $12,675

Hazardous substances 16431773

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.     On or about November 15, 2014 and at the DuPont facility in La Porte, Texas, the employer did not implement its change of design (COD) procedure to manage changes when:  a) Did not follow the ventilation fan operating procedure to restrict access to the Lannate/API building when the dry end ventilation fan was not operating.  b) Did not follow the ventilation fan operating procedure to restrict access to the Lannate/API building when the dry end ventilation fan was not operating.  Abatement documentation required for this item.  Agreed Penalty: 12,675

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

The Secretary agrees to withdraw Citation 1, Item 6b. The withdrawal of this item is not intended to affect the Secretary's interpretation of the standard, compliance with the standard, not the application to this employer.

Issued

May 14, 2015

Abate by

May 15, 2017

Penalty

Initial $7,000 · Current $7,000

General-duty citation text

29 CFR 1910.165(b)(1): The employee alarm system did not provide warning for reaction time for safe escape of employees from the workplace or the immediate work area, or both.    a)  On November 15, 2014 and at times prior thereto, at the DuPont facility located in La Porte, TX, the employer did not ensure that the alarm system performed to provided sufficient warning for reaction time for safe escape from the Lannate/API Manufacturing Building.

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $7,000 · Current $12,675

Hazardous substances 1643

General-duty citation text

29 CFR 1910.1000(a)(1): Employee(s) were exposed to an airborne concentration of Methyl Marcaptan listed in Table Z-1 in excess of ceiling concentration of 10 ppm.  On or about November 15, 2014 in the Lannate/API building of the DuPont facility in La Porte, Texas, employees were exposed to airborne concentrations of Methyl Mercaptan while opening bleed valves on a relief header.  Abatement documentation required for this item.  Agreed Penalty for Citation 1, item 9(a) and 9(b): $12,675

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $0 · Current $0

Hazardous substances 1643

General-duty citation text

29 CFR 1910.1000(e): Administrative or engineering controls were not used and implemented to achieve compliance with the limits prescribed in 29 CFR 1910.1000(a) through (d).  When such controls were not feasible/available to achieve full compliance, protective equipment or any other protective measures were not used to keep the exposure of employees to air contaminants within the limits prescribed:  On November 15, 2014  at the DuPont facility in La Porte, Texas, the employer failed to effectively implement adequate protective measures to keep the exposure of employees to air contaminants within the limits prescribed.  Abatement documentation required for this item.  Agreed Penalty: Grouped; see Citation 1, Item 9a

Issued

May 14, 2015

Abate by

Jun 18, 2015

Penalty

Initial $35,000 · Current $35,000

General-duty citation text

The Secretary agrees to group Citation 2, Item 1 with Citation 1, Item 7. Citation 2, Item 1 will become citation 2, Item 1(a).  The Secretary also agrees to amend the AVD language of Citation 2, Item 1(a) to now read as follows:  29 CFR 1910.119(g)(1)(i): Each employee presently involved in operating a process, and each employee befoer being involved in operating a newly assigned process, was not trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.  On November 15, 2014 and at times prior to, at the DuPont facility in La Porte, Texas, the employer did not train employees on the written operating procedure for the Lannate/API/MIC building ventilation fans ("Building Ventilation System Function of Operation")  The Secretary agrees to withdraw the allegation previously alleged as Citation 2, Item 1(b).  E.I. DuPont de Nemours Co., Inc. was previously cited for a violation of this Occupational safety and Health Standard or its equivalent standard 29 CFR 1920.119(g)(10(i) which is contained in OSHA Inspection Number 313371924, Citation Number 1, Item Number 5, Issued on July 19, 2010 with respect to a workplace located at 901 West DuPont Ave., Belle, WV.  This file became a Final Order on August 24, 2010.  Abatement documentation required for this item.  Agreed Penalty: $35,000

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $7,000 · Current $0 Reduced

General-duty citation text

29 CFR 1910.134(c)(1)(vii) The employer failed to train employees in the respiratory hazards to which they are potentially exposed during routine situations;  On November 15, 2015 and at times prior thereto, at the DuPont facility in La Porte, TX, The employer did not ensure employees were trained to recognize the respiratory hazards they were exposed to while opening low point drains on the NRS/ Mesh vent header.

Issued

May 14, 2015

Abate by

Jul 1, 2015

Penalty

Initial $1,000 · Current $1,000

General-duty citation text

29 CFR 1910.119(h)(2)(vi): The employer shall maintain a contract employee injury and illness log related to the contractor's work in process areas.  On or about November 15, 2014, at the DuPont facility in La Porte, TX, the employer did not provide copies of the Injury and Illness Logs for their contractors.