OSHA Inspection: NUGEN ENERGY, LLC

Issued

Jan 25, 2018

Abate by

Feb 21, 2018

Penalty

Initial $3,880 · Current $2,716 Reduced

General-duty citation text

29 CFR 1910.119(h)(2)(i): The employer did not obtain and evaluate information regarding the contract employer's safety performance and programs:    (a) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not obtain and evaluate information regarding safety performance and programs of ICM, Inc. (ICM) prior to ICM performing work in PSM covered areas of the facility from October 24, 2017 through October 26, 2017.   This condition exposed employees to hazards created by unqualified contractors.     (b) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not obtain and evaluate information regarding safety performance and programs of Paragon NDT, LLC (Paragon) prior to Paragon performing work in PSM covered areas of the facility from October 24, 2017 through October 26, 2017.   This condition exposed employees to hazards created by unqualified contractors.     (c) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not obtain and evaluate information regarding safety performance and programs of Allentech, Inc. (Allentech) prior to Allentech performing work in PSM covered areas of the facility from October 23, 2017 through October 25, 2017.   This condition exposed employees to hazards created by unqualified contractors.     (d) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not obtain and evaluate information regarding safety performance and programs of Dakota Fabrication, Inc. (Dakota Fabrication) prior to Dakota Fabrication performing work in PSM covered areas of the facility on November 14, 2017. This condition exposed employees to hazards created by unqualified contractors.     (e) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not obtain and evaluate information regarding safety performance and programs of VRC Protx, LLC (VRC Protx) prior to VRC Protx performing work in PSM covered areas of the facility from October 24, 2017 through October 26, 2017.This condition exposed employees to hazards created by unqualified contractors.

Issued

Jan 25, 2018

Abate by

Mar 31, 2018

Penalty

Initial $7,760 · Current $5,432 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:    (a) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 9 states, "Consider performing a review as soon as possible of the 2013 PHA recommendations. Document responsibility and due date for each recommendations."  The status of this finding is specified as, "In Progress- Closeout of all recommendations to be complete prior to 2018 scheduled PHA." This condition exposed employees to hazards covered in findings from the 2013 PHA audit.     (b) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 11 states, "Consider developing emergency procedures for each operating unit and the overall facility."  The status of this finding is specified as, "Updating of all operating procedures is to be completed by 6/30/2018." This condition exposed employees to hazards created by lack of emergency procedures for operating units in PSM covered areas of the facility.     (c) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 12 states, "Consider performing an annual review and documenting certification of all regulated operating procedures."  The status of this finding is specified as, "Annual review of all operating procedures will be complete upon completion of procedure updates." This condition exposed employees to hazards that may be created from lack of review and certification of operating procedures.     (d) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 33 states, "Consider updating the Hot Work Policy to reflect new High Risk permitting requirements or go back to the use of the Hot Work Permit as stated in the current policy." The status of this finding is not recorded. The due date for this finding is specified as February 28, 2018. This condition exposed employees to hazards that may be created this finding not being addressed in a timely manner.     (e) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 34 states, "The employer should consider updating the Hot Work permit to include a specific review of combustibles below, and require blanketing, when performing hot work at elevation." The status of this finding is not recorded. The due date for this finding is specified as February 28, 2018. This condition exposed employees to hazards that may be created this finding not being addressed in a timely manner.     (f) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 35 states, "It is recommended that the Hot Work permit be revised to include the various types of fire extinguishers that may be required for hot work operations." The status of this finding is not recorded. The due date for this finding is specified as February 28, 2018. This condition exposed employees to hazards that may be created this finding not being addressed in a timely manner.     (g) NuGen Energy, LLC at 27283 447th Avenue, Marion, SD 57043: On and prior to November 16, 2017, the employer did not promptly determine and document an appropriate response to each of the findings of the 2016 compliance audit in that Finding No. 35 states, "Consider updating the Hot Work Policy to include high risk procedures." The status of this finding is not recorded. The due date for this finding is specified as February 28, 2018. This condition exposed employees to hazards that may be created this finding not being addressed in a timely manner.