OSHA Inspection: RUST-OLEUM CORPORATION

Issued

May 25, 2018

Abate by

Jun 21, 2018

Penalty

Initial $10,163 · Current $7,622 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, was not provided wherever it was necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact:    (a)  Solvent Blending Process:  On or about March 20, 2018 the employer did not provide and implement the use of flame resistant (FR) clothing for those employees engaged in activities that have a risk of a flash fire including connecting/disconnecting solvent transfer hoses, mixing and blending in the solvent blend tanks, and maintenance of equipment that contains or contained flammable liquids.  This condition exposed employees to severe burn injuries in the event of a flash fire from the unexpected release and ignition of flammable liquids.

Issued

May 25, 2018

Penalty

Initial $10,163 · Current $7,622 Reduced

General-duty citation text

29 CFR 1910.119(f)(1)(i)(D): The employer did not develop and implement written operating procedures that provide clear instructions for 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)  Solvent Blending Process:  On or about March 20, 2018 the employer had not developed and implemented written operating procedures that provide clear instructions for emergency shutdown of the processes using greater than 10,000 pounds of flammable liquids, 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.  This condition exposed employees to a fire hazard in the event of a process upset.

Issued

May 25, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(A): The employer did not develop and implement written operating procedures that addressed the consequences of deviations from the operating limits in the covered process:    (a)  Solvent Blending Process:  On or about March 20, 2018 the employer had not developed and implemented written operating procedures that addressed the consequences of deviations from the operating limits in the processes using greater than 10,000 pounds of flammable liquids.  This condition exposes employees to a fire hazard in the event of a process upset.

Issued

May 25, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(ii)(B): The employer did not develop and implement written operating procedures that addressed the steps required to correct or avoid deviation from the operating limits in the covered process:  (a)  Solvent Blending Process:  On or about March 20, 2018 the employer had not developed and implemented written operating procedures that addressed the steps required to correct or avoid deviation from the operating limits in processes using greater than 10,000 pounds of flammable liquids.  This condition exposes employees to a fire hazard in the event of a process upset.

Issued

May 25, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(iii)(A): The employer did not develop and implement written operating procedures that addressed the properties of, and hazards presented by, the chemicals used in the covered process:  (a)  Solvent Blending Process:  On or about March 20, 2018 the employer had not developed and implemented written operating procedures that addressed the properties of, and hazards presented by, the chemicals used in processes containing greater than 10,000 pounds of flammable liquids.  This condition exposes employees to a fire hazard in the event of a process upset.

Issued

May 25, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(f)(1)(iv): The employer did not develop and implement written operating procedures that addressed the safety systems and their functions:  (a)  Solvent Blending Process:  On or about March 20, 2018 the employer had not developed and implemented written operating procedures that addressed the safety systems and their functions, such as the continuous combustible gas meters, in processes containing greater than 10,000 pounds of flammable liquids.  This condition exposed employees to a fire hazard in the event of a process upset.

Issued

May 25, 2018

Penalty

Initial $50,815 · Current $50,815

General-duty citation text

29 CFR 1910.119(j)(2): The employer did not establish and implement written procedures to maintain the on-going integrity of process equipment:    (a)  Solvent Blending Process:  On or about March 20, 2018 the employer had not developed and implemented adequate written mechanical integrity procedures for piping systems that contain flammable liquids.  The piping systems were last inspected using procedures that did not comply with the RAGAGEP, API 570 and 574, selected by the company to maintain the mechanical integrity of their piping systems.  The sections missing from the inspection procedures included, but were not limited to, defining the type of inspections needed, describing the inspection and non-destructive examining (NDE) techniques, describing the extent and location of inspections including corrosion monitoring locations (CML), describing surface cleaning requirements and describing types of damage anticipated and locations where it is anticipated. This condition exposed employees to a fire hazard from the unexpected release of flammable liquids into the plant.      The Rust-Oleum Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.119(j)(2), which was contained in OSHA inspection number 1079244, citation number 1, item number 2a and was affirmed as a final order on February 10, 2016, with respect to a workplace located at 173 Belmont Drive, Somerset NJ 08873.

Issued

May 25, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(ii): Inspection and testing procedures did not follow recognized and generally accepted good engineering practices (RAGAGEP):   (a)  Solvent Blending Process:  On or about March 20, 2018 the employer did not follow the RAGAGEP, API 570 and 574, selected by the company when conducting inspections and testing of piping systems.  Piping inspections did not include thickness measurements or a Risk-Based Inspection to determine the continued integrity of the piping system.  This condition exposed employees to a fire hazard from the unexpected release of flammable liquids into the plant.  (b)  Solvent Blending Process:  On or about March 20, 2018 the employer did not follow the RAGAGEP, API 570 and 574, selected by the company when conducting inspections and testing of piping systems.  External piping inspections were conducted without using a qualified examiner and authorized piping inspector per API 570 Sections 4.3.4 and 4.3.5.  This condition exposed employees to a fire hazard from the unexpected release of flammable liquids into the plant.    The Rust-Oleum Corporation was previously cited for a violation of this occupational safety and health standard or its equivalent standard 29 CFR 1910.119(j)(4)(ii), which was contained in OSHA inspection number 1079244, citation number 1, item number 2b and was affirmed as a final order on February 10, 2016, with respect to a workplace located at 173 Belmont Drive, Somerset NJ 08873.

Issued

May 25, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(d)(3)(i)(C): Information pertaining to the equipment in the process did not include the electrical classification:  (a)  Solvent Blending Process:  On or about March 20, 2018 the process safety information collected by the employer on the solvent blending process did not include the electrical classification of the tank farm where flammable liquids are stored that feed the process that contains greater than 10,000 pounds of flammable liquids.

Issued

May 25, 2018

Abate by

Jun 21, 2018

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(e)(3)(v): The process hazard analysis did not address facility siting.  (a)  Solvent Blending Process:  On or about March 20, 2018 the process hazard analysis (PHA) on the solvent blending process did not address facility siting for processes that contains greater than 10,000 pounds of flammable liquids.