OSHA Inspection: ARBORIS LLC

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.36(b)(2): More than two exit routes. More than two exit routes must be available in a workplace if the number of employees, the size of the building, its occupancy, or the arrangement of the workplace is such that all employees would not be able to evacuate safely during an emergency:     a. On December 21, 2015, and at times prior, the facility is not equipped with sufficient egress for employees working on and around the process equipment due to the arrangement of the workplace, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(d)(2)(i):  Process safety information.  Information concerning the technology of the process shall include at least the following:       29 CFR 1910.119(d)(2)(i)(C):  Maximum intended inventory:       a. The employer had incomplete maximum intended inventory prior to January 1, 2016, thereby exposing employees to a fire/explosion hazard.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(d)(2)(i):  Process safety information.  Information concerning the technology of the process shall include at least the following:       29 CFR 1910.119(d)(2)(i)(D): Safe upper and lower limits for such items as temperatures, pressures, flows or compositions:       a. The employer had not developed safe upper and lower limits for temperature, pressure, flow, levels or multi-phase composition, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

Hazardous substances H146

General-duty citation text

29 CFR 1910.119(d)(2)(i):  Process safety information.  Information concerning the technology of the process shall include at least the following:       29 CFR 1910.119(d)(2)(i)(E): An evaluation of the consequences of deviations, including those affecting the safety and health of employees:       a. The employer failed to develop consequences of deviation prior to the December 21, 2015, fire and explosion event, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(d)(3)(i):  Process safety information.  Information pertaining to the equipment in the process shall include:       29 CFR 1910.119(d)(3)(i)(B):  Piping and instrument diagrams (P&ID's):       a. On December 21, 2015, and at times prior, the employer's Piping & Instrumentation Diagram Phytosterol Melt Tank, PDD 400 (updated July 30, 2015), was not accurate in that the three inch relief piping after the rupture disc on the TK 0401-00 Melt Tank did not vent to the ground.        b. As of December 21, 2015, the employer failed to develop a P&ID which covered the fatty acid methyl ester (FAME)  recovery process, including the following equipment:  TK 0405-00 FAME Recovery Tank, AG 0405-01 FAME Recovery Tank Agitator, E 0408-00 FAME Recovery Condenser, Condensate Trap Condenser (unknown tank identifier); TK 0406-00 FAME Condensate Receiver, and FA 0410-01 Flame Arrestor.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(d)(3)(i):  Process safety information.  Information pertaining to the equipment in the process shall include:       29 CFR 1910.119(d)(3)(i)(D): Relief system design and design basis:       a. The employer did not have appropriate relief design and design basis for the TK 0401-00 Melt Tank, thereby exposing employees to fire and explosion hazards.        b. The employer did not have appropriate relief design and design basis for the F 0302-00 South Rotary Drum Filter (RDF), thereby exposing employees to fire and explosion hazards.        c. The employers did not have appropriate relief design and design basis for the TK 0712-00 Wash Liquor Storage Tank, thereby exposing employees to fire and explosion hazards.        d. The employer did not have appropriate relief design and design basis for the TK 0406-00 Stripped FAME Solvent Receiver, thereby exposing employees to fire and explosion hazards.        e. The employer did not have appropriate relief design and design basis for the TK 0405-00 FAME Recovery Tank, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(d)(3)(i):  Process safety information.  Information pertaining to the equipment in the process shall include:       29 CFR 1910.119(d)(3)(i)(F): Design codes and standards employed:       a. The employer failed to develop comprehensive design codes and standards for the installation and use of process equipment, thereby exposing employees to fire and explosion hazards.       b. The employers design codes and standards that had been developed for the process equipment were inaccurate, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(d)(3)(i):  Process safety information.  Information pertaining to the equipment in the process shall include:       29 CFR 1910.119(d)(3)(i)(H): Safety systems (e.g. interlocks, detection or suppression systems):       a. The employer failed to include foam suppression systems, flame arrestors, interlocks, level indicators, and lower explosive limit (LEL) meters as part of the process safety information (PSI), thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(d)(3)(ii): The employer shall document that equipment complies with recognized and generally accepted good engineering practices (RAGAGEP):       a. The employer failed to document that the steam coil for the TK 0401-00 Melt Tank was built and installed per RAGAGEP, thereby exposing employees to fire and explosion hazards.       b. The employer did not install the relief vent piping on the TK 0712-00 Wash Liquor Storage Tank in accordance with RAGAGEP, as it does not relieve to a safe location, thereby exposing employees to fire and explosion hazards.       c. The employer did not install the relief vent piping for the TK 0406-00 Stripped FAME Solvent Receiver in accordance with RAGAGEP, as it did not relieve to a safe location, thereby exposing employees to fire and explosion hazards.       d. The employer did not install the relief vent piping for the F 0302-00 South RDF in accordance with RAGAGEP, as it did not relieve to a safe location, thereby exposing employees to fire and explosion hazards.       e. The employer did not install the relief vent piping for the TK 0401-00 Melt Tank in accordance with RAGAGEP, as it did not relieve to a safe location, thereby exposing employees to fire and explosion hazards.       f. The employer did not install the F 0302-00 South RDF LEL meter in accordance with RAGAGEP, as it was not sealed to prevent vapor penetration, thereby exposing employees to fire and explosion hazards.       g. The employer did not install the relief vent piping for the TK 0405-00 FAME Recovery Tank in accordance with RAGAGEP, as it did not relieve to a safe location, thereby exposing employees to fire and explosion hazards.       h. The employer did not install the relief vent piping for the TK 0202-00 Crystallization (XTAL) Slurry Storage Tank in accordance with RAGAGEP, as it did not relieve to a safe location, thereby exposing employees to fire and explosion hazards.       i. The employer did not install the relief vent piping for TK0502-00 Evaporator in accordance with RAGAGEP as it did not relieve to a safe location, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(e)(3):  The process hazard analysis (PHA) shall address:       29 CFR 1910.119(e)(3)(i):  The hazards of the process:       a. As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011, failed to adequately identify all potential worst case scenarios which could lead to an over pressurization of  the TK 0401-00 Melt Tank and the connected vessels, such as the F 0302-00 South RDF.        b. As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011, failed to adequately identify the potential for the hexane solvent wash to create a situation which could result in rapid boiling of the hexane under upset conditions where the TK 0401-00 Melt Tank contained frozen or partially frozen sterol.        c. As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011, failed to adequately identify all potential worst case scenarios that could lead to over pressurization in the E 0502-00 Evaporator and adequately consider the hazards associated with the emergency relief of the E 0502-00 Evaporator into the TK 0710-00 Solvent Storage Tank.        d. As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011, failed to adequately identify the hazard associated with the material build-up in the cross-hatched metal end of the relief pipe on the TK 0401-00 Melt Tank when material was discharged through the rupture disc line.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(e)(3):  The process hazard analysis shall address:       29 CFR 1910.119(e)(3)(v):  Facility siting:       a. As of December 21, 2015, the employer's original 2004 Phytosterol PHA and PHA addendums made in 2007 and 2008, did not address facility siting.       b.  As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011 did not adequately address facility siting, in that it did not have a completed facility siting checklist and it did not address the hazards, including but not limited to the following:  location; unit layout; storage/warehouses; spacing between process components; control rooms; occupied buildings; unit location relative to surroundings; emergency stations; contingency planning; electrical classification; ventilation; location of emergency relief venting; and evacuation routes through perimeter fencing surrounding the covered process.        c.  As of January 22, 2016, the employer's Final Re-Do PHA Study Report of the Sterols Process dated January 2016 did not adequately address facility siting, in that it did not have a completed facility siting checklist and it did not address the hazards, including but not limited to the following:  location; unit layout; storage/warehouses; spacing between process components; control rooms; occupied buildings; unit location relative to surroundings; emergency stations; contingency planning; electrical classification; ventilation; location of emergency relief venting; and evacuation routes through perimeter fencing surrounding the covered process.        d.  As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011 did not adequately address facility siting, in that it did not address the hazards associated with the emergency relief of the TK 0202-00 Crystallization (XTAL) Slurry Storage Tank, discharging at the top of the vessel.        e.  As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011 did not adequately address facility siting, in that it did not address the hazards associated with the emergency relief of the stripped TK 0406-00 FAME Solvent Receiver, discharging to the ground.        f.  As of December 21, 2015, the employer's Final PHA Study Report of the Sterols Plant dated June 2011 did not adequately address facility siting in that it did not address the hazards associated with the emergency relief of the TK-0405-00 FAME Recovery Tank, discharging to the ground.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(e)(5):  The employer shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions:       a. As of December 21, 2015, for the original 2004 Phytosterol PHA and PHA addendums made in 2007 and 2008, the employer failed to develop a written schedule of when these actions were to be completed, did not assure that the recommendations were resolved in a timely manner and that all of the resolutions were documented.        b. As of December 21, 2015, the employer failed to assure that the recommendations on the Final PHA Study Report of the Sterols Plant dated June 2011 were resolved in a timely manner and that the resolutions were documented, including but not limited to the evaluation of the rupture disc on the E 0502-00 Evaporator to ensure that it was properly rated and designed for service.       c. As of April 11, 2016, for the Final Re-Do PHA Study Report of the Sterols Process dated January 2016 the employer failed to establish a system to promptly address all of the teams findings and recommendations after receipt of the final 2016 PHA in mid-February and failed to develop a written schedule of when these actions were to be completed.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall 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. The employees failed to follow standard operating procedure (SOP) 3018N for adding the hexane wash to the TK 0401-00 Melt Tank, thereby resulting in fire and explosion event.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall 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 and shall address at least the following elements:       29 CFR 1910.119(f)(1)(i)(C): Temporary operations:       a. As of March 31, 2016, the employer failed to develop and implement procedures for conducting temporary operations, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall 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 and shall address at least the following elements:       29 CFR 1910.119(f)(1)(i)(G): Startup following a turnaround, or after an emergency shutdown:       a. As of December 21, 2015, the employer failed to develop procedures for starting up the system following a turnaround which contributed to a fire and explosion event.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall 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 and shall address at least the following elements:       29 CFR 1910.119(f)(1)(ii)(A): Consequences of deviation:       a. As of December 21, 2015, the employer had failed to develop consequences of deviation, such as but not limited to the injection of isohexane into the rotary drum before reaching optimal temperature, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall 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 and shall address at least the following elements:       29 CFR 1910.119(f)(1)(ii)(B): Steps required to correct or avoid deviation:       a. As of December 21, 2015, the employer had not developed steps to correct or avoid deviation, thereby exposing employees to fire or explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(f)(1): The employer shall 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 and shall address at least the following elements:       29 CFR 1910.119(f)(1)(iv): Safety systems and their functions:       a. As of March 16, 2016, the employer had not developed and implemented safety systems or their functions as part of their operating procedures, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(f)(3): The operating procedures shall be reviewed as often as necessary to assure that they reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to facilities. The employer shall certify annually that these operating procedures are current and accurate:       a. As of December 21, 2015, the employer had not developed a means of ensuring that operating procedures were reviewed annually and reflected current operating practices, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

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:       a. As of December 21, 2015, the employer failed to develop written safe work practices for controlling the entrance, presence and exit of contract employers and contract employees in the Phytosterol PSM covered process area, thereby exposing employees to potential fire and/or explosion hazards.        b. As of December 21, 2015, the employer failed to develop written safe work practices for lockout/tagout, in accordance with 1910.147(c)(4)(ii), thereby exposing employees to hazards related to re-energization or release of flammable liquids and vapors.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(h)(2)(iv):  The employer shall develop and 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 covered process areas:       a. As of December 21, 2015, the employer failed to develop written safe work practices for controlling the entrance, presence, and exit of contract employers and contract employees in the PSM covered Phytosterols process area, thereby exposing employees to potential fire and/or explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(h)(2)(i):  The employer, when selecting a contractor, shall obtain and evaluate information regarding the contract employer's safety performance and programs:       a. As of December 21, 2015, the employer failed to adequately obtain and evaluate information related to the safety performance and programs of Atlas Industrial Contractors, LLC, in that the employer did not review the contractors OSHA 300 logs and safety and health programs.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(i)(2)(ii): Safety, operating, maintenance, and emergency procedures are in place and are adequate:       a. The employer failed to develop and implement operating procedures to include emergency shutdown, operating limits, consequences of deviation prior to starting up the process.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(j)(2):  Written procedures.  The employer shall establish and implement written procedures to maintain the on-going integrity of process equipment:       a.  As of December 21, 2015, the employer did not establish and implement specific written mechanical integrity procedures for inspecting, testing, and maintaining the ongoing integrity of all relief system components, vent systems and devices, including but not limited to the following:   Inspection and testing of over-pressure protection systems and components (e.g. pressure safety valves, rupture disks, Durabla/DFT check valves, Protectoseal pressure/vacuum conservation vents, piping associated with relief devices and structural support members) for covered process vessels; including the types of tests performed on existing equipment; criteria for replacement and repair, inspection and testing schedule and the appropriate designated methodologies for the inspection/test.        b. As of December 21, 2015, the employer did not establish and implement specific written mechanical integrity procedures for inspecting, testing, and maintaining the ongoing integrity of piping systems and valves, including but not limited to the following:  inspection and testing criteria, inspection and testing schedules, inspection criteria for corrosion under insulation, thickness measurement strategy, quality assurance criteria for inspecting and examining welds, welders performance qualifications, and criteria for resolving anomalous inspection data related to thickness growth.        c.  As of December 21, 2015, the employer did not establish and implement specific written mechanical integrity procedures for inspecting, testing, and maintaining the ongoing integrity of process vessels, including but not limited to the following:  inspection and testing criteria, inspection criteria for corrosion under insulation, thickness measurement strategy, quality assurance criteria for inspecting and examining welds, welders performance qualifications, and criteria for resolving anomalous inspection data related to thickness growth.        d. As of December 21, 2015, the employers written Inventory Control System (SOP #16002) dated August 7, 2012, was not adequate, in that the MP2 software, the old computerized maintenance management system, had not been updated with the TabWare software currently being used.     e.  As of December 21, 2015, the employer did not establish and implement specific written mechanical integrity procedures for quality assurance to assure that equipment, maintenance materials, and spare parts were suitable for the process application for which they would be used; did not assure that new equipment as it was fabricated was suitable for the process application for which it was used; and did not assure appropriate checks and inspections were performed to ensure equipment was installed properly and consistent with design specifications and the manufacturer's instructions.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $4,410 · Current $4,410

General-duty citation text

29 CFR 1910.119(j)(4)(i): Inspections and tests shall be performed on process equipment:       a. As of December 21, 2015, the employer did not ensure that inspections and tests were being performed on all pressure-relieving devices, such as the rupture disc on the E 0502-00 Evaporator in the PSM covered Phytosterols process.        b. As of December 21, 2015, the employer did not ensure that inspections and tests were being performed on all pressure-relieving devices, such as the rupture discs on the TK 0710-00 Solvent Storage Tank in the PSM covered Phytosterols process.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(j)(5):  Equipment deficiencies.  The employer shall 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 or about March 13, 2016, the employer restarted production in the PSM covered Phytosterol process without correcting deficiencies in the emergency relief discharge of the TK 0202-00 Crystallization (XTAL) Slurry Storage Tank which discharged into the process area.        b.  On or about March 13, 2016, the employer restarted production in the PSM covered Phytosterols process without correcting deficiencies in the emergency relief discharge of the TK 0712-00 Wash Liquor Storage Tank which discharged Northeast into the process area in the direction of the TK 0710-00 Solvent Storage Tank.        c.  On or about March 13, 2016, the employer restarted production in the PSM covered Phytosterols process without correcting deficiencies in the Durabla/DFT check valve discharge on the F 0302-00 South RDF which discharged South into the process area.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(l)(1):  The employer shall establish and implement written procedures to manage changes (except for "replacements in kind") to process chemicals, technology, equipment, and procedures; and, changes to facilities that affect a covered process:      a. On or bout March 18, 2016, the employer changed the relief piping on the stripped TK 0406-00 FAME Solvent Receiver in the PSM covered Phytosterols process and did not perform a management of change.       b. As of December 21, 2015, the employer changed chemicals from using n-hexane to isohexane in the PSM covered Phytosterols process on or about June 2, 2015, and did not perform a management of change.       c. As of December 21, 2015, the employer had a reduction in force that affected personnel changes in the PSM covered Phytosterols process on or about October 2009, and did not perform a management of change.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(m)(3):  An incident investigation team shall be established and 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. As of April 13, 2016, the incident investigation team for the investigation conducted on the incident that occurred on December 21, 2015, did not include a contract employee from Atlas Industrial Contractors, LLC.  The December 21, 2015, incident resulted in a fire due to the release of a flammable isohexane/ethanol mixture from an over pressurization of the TK 0401-00 Melt Tank and the connected vessels, including the F 0302-00 South RDF.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.119(o)(4): The employer shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected:       a. The employer failed to ensure that compliance audit deficiencies were corrected, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.147(c)(3)(i): When a tagout device is used on an energy isolating device which is capable of being locked out, the tagout device shall be attached at the same location that the lockout device would have been attached, and the employer shall demonstrate that the tagout program will provide a level of safety equivalent to that obtained by using a lockout program:       a. On March 17, 2016, in the crude tank area, the employer used tagout by affixing a chain around the valve of the crude tank bypass line and then attaching a lock to the chain.  The employer did not demonstrate that the valve could not be locked out, thereby exposing employees to a fire, explosion or chemical release related hazard.       b. On March 17, 2016, in the crude tank area, the employer used tagout by affixing a chain around the valve and then attaching a lock to the chain for the nitrogen line.  The employer did not demonstrate that the valve could not be locked out, thereby exposing employees to a fire, explosion or chemical release related hazard.       c. On March 17, 2016, and times prior to, in the production tower, the employer used tagout by affixing a hasp around the valve stem and then attaching a lock to the hasp for the E 0408-00 Fame Recovery Tank.  The employer did not demonstrate that the valve could not be locked out, thereby exposing employees to a fire, explosion or chemical release related hazard.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(4)(ii): The procedures shall clearly and specifically outline the scope, purpose, authorization, rules, and techniques to be utilized for the control of hazardous energy, and the means to enforce compliance including, but not limited to, the following:       a. The employer failed to develop procedures to prevent the inadvertent startup or release of stored energy, with a specific statement of the intended use of the procedure.       b. The employer failed to develop procedures to prevent the inadvertent startup or release of stored energy, with specific procedural steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy.       c. The employer failed to develop procedures to prevent the inadvertent startup or release of stored energy, with specific procedural steps for the placement, removal and transfer of lockout devices or tag-out devices and the responsibility for them.       d. The employer failed to develop procedures to prevent the inadvertent startup or release of stored energy, with specific requirements for testing a machine or equipment to determine and verify the effectiveness of lockout devices, tagout devices, and other energy control measures.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.219(c)(2)(i): All exposed parts of horizontal shafting seven (7) feet or less from floor or working platform, excepting runways used exclusively for oiling, or running adjustments, shall be protected by a stationary casing enclosing shafting completely or by a trough enclosing sides and top or sides and bottom of shafting as location requires:       a. On March 18, 2016, and times prior to, there was a two inch unguarded horizontal shaft on the P1008-01 Recirculating Pump at the East ACG, thereby exposing employees to a caught in hazard.        b. On March 18, 2016, and times prior to, there was a two inch unguarded horizontal shaft on P1008-02 Recirculating Pump at the West ACG, thereby exposing employees to a caught in hazard.        c. On March 23, 2016, and times prior to, there was a two inch unguarded horizontal shaft on the P4 Wash Recovery Pump Motor, at the Wash Recovery Tank, thereby exposing employees to a caught in hazard.        d. On March 23, 2016, and times prior to, there was a two inch unguarded horizontal shafts on the pump motor at the P0301-00 Drum Filter Feed, thereby exposing employees to a caught in hazard.

Issued

Jun 17, 2016

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.303(g)(2)(ii): In locations where electric equipment is likely to be exposed to physical damage, enclosures or guards shall be so arranged and of such strength as to prevent such damage:     a. On March 18, 2016, and times prior to, where employees used steps to enter and exit a dyke system, there was a Class I electrical conduit against the dyke wall and where employees could step on it, thereby exposing employees to electrical, fire and explosion hazards.

Issued

Jun 17, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.24(f): "Stair treads." All treads shall be reasonably slip-resistant and the nosings shall be of nonslip finish. Welded bar grating treads without nosings are acceptable providing the leading edge can be readily identified by personnel descending the stairway and provided the tread is serrated or is of definite nonslip design. Rise height and tread width shall be uniform throughout any flight of stairs including any foundation structure used as one or more treads of the stairs:     a. In the Crude Oil Receiving Tank Farm, the stairs used to cross over the southern dyke wall were not uniform.  The first rise was eight inches, the second rise was nine inches and the final rise to the top of the dyke was 20.5 inches, thereby exposing employees to a trip/fall hazard.

Issued

Jun 17, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.24(h): "Railings and handrails." Standard railings shall be provided on the open sides of all exposed stairways and stair platforms. Handrails shall be provided on at least one side of closed stairways preferably on the right side descending. Stair railings and handrails shall be installed in accordance with the provisions of 1910.23:     a. In the Crude Receiving Department, the employees were using the stairs without handrails to pass in and out of the tank farms containment walls, thereby exposing employees to a fall hazard of up to 37.5 inches.

Issued

Jun 17, 2016

Penalty

Initial $3,150 · Current $3,150

General-duty citation text

29 CFR 1910.307(c): Electrical installations. Equipment, wiring methods, and installations of equipment in hazardous (classified) locations shall be intrinsically safe, approved for the hazardous (classified) location, or safe for the hazardous (classified) location. Requirements for each of these options are as follows:     a. As of December 21, 2015, near the F 0302-00 South RDF, the LEL meter was not installed for safe use in a Class I hazardous location because the employer failed to pour the EYS seal for the LEL meter, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $50,400 · Current $20,475 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(i)(D): Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner:       a. The employer did not have emergency shutdown procedures for the E 0502-00 Evaporator, F 0302-00 South RDF, TK 0401-00 Melt Tank, Crystallization System, TK 0710-00 Solvent Storage Tank or the TK 0712-00 Wash Liquor Tank, thereby exposing employees to fire and explosion hazards.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $630 · Current $630

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:       a. As of March 14, 2016, the employer failed to maintain an injury and illness log related to contractor's work in the PSM covered Phytosterols process area.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(m)(4):  A report shall be prepared at the conclusion of the investigation which includes at a minimum:        29 CFR 1910.119(m)(4)(ii):  Date investigation began:        a. The employer's incident investigation report for the incident that occurred on or about December 21, 2015, resulting in a fire due to the release of a flammable isohexane/ethanol mixture from an over pressurization of the TK 0401-00 Melt Tank and the connected vessels, including the F 0302-00 South RDF, did not include the date the investigation began.

Issued

Jun 17, 2016

Abate by

Dec 31, 2017

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(5)(ii): Lockout devices and tagout devices shall be singularly identified; shall be the only devices(s) used for controlling energy; shall not be used for other purposes; and shall meet the following requirements:       a. On April 7, 2016, and at times prior, the employer used lockout tagout devices to lock the vapor line off the TK 0401-00 Melt Tank to solvent recovery in the open position.

Issued

Jun 17, 2016

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(c)(5)(ii)(A)(1): Lockout and tagout devices shall be capable of withstanding the environment to which they are exposed for the maximum period of time that exposure is expected:     a. On March 17, 2016, near the TK 0201-00 Crystallization (XTAL) Tank, the employer had tag devices that had deteriorated and were no longer legible.     b. On March, 17, 2016, on the fifth floor of the tower near the steam stripper column, a valve had been locked out and the tag was deteriorated from weathering.