OSHA Inspection: LCY ELASTOMERS LP

Issued

Feb 13, 2019

Abate by

Apr 30, 2019

Penalty

Initial $6,630 · Current $4,309 Reduced

General-duty citation text

29 CFR 1910.38(f)(2): The employer did not review the emergency action plan with each employee covered by the plan when the employee's responsibilities under the plan change    On or about 10/10/18 at the LCY Elastomers facility located in Baytown Texas, the employer did not review and update the emergency action plan procedure with employees when facility emergency personnel, Mutual Aid contact information, and persons responsible for implementation of the plan changed.

Issued

Feb 13, 2019

Abate by

Apr 2, 2019

Penalty

Initial $3,978 · Current $2,586 Reduced

General-duty citation text

29 CFR 1910.119(d)(2)(i)(D): Process safety information pertaining to the technology of the process did not include the safe upper and lower limits for such items as temperatures, pressures, flows or compositions:    On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not document process safety information pertaining to lower and upper safe operating limits for the wet monomer decanter V-7211.

Issued

Feb 13, 2019

Abate by

Aug 5, 2019

Penalty

Initial $9,282 · Current $6,033 Reduced

General-duty citation text

29 CFR 1910.119(e)(3)(v): The process hazard analysis did not address the hazards related to facility siting     Instance a): On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not ensure that the facility siting analysis addressed hazards for the laboratory.     Instance b): On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not ensure that the facility siting analysis adequately addressed hazards for the maintenance /receiving building.    Instance c): On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not ensure that the facility siting analysis adequately addressed hazards for the control room.

Issued

Feb 13, 2019

Abate by

Aug 5, 2019

Penalty

Initial $9,282 · Current $6,033 Reduced

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 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.    Instance a). On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not resolve 2014 PHA recommendations for 500, 800 and 900 areas in a timely manner such as but not limited to:      ·       Item #5: Review refrigerated water pressure indication to confirm it has an associated alarm;  ·       Item #6: Add an alarm on low flow nitrogen supply to H-7902.      Instance b). On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas the employer did not resolve 2016 PHA recommendations for 300, 400 and 600 areas in a timely manner such as but not limited to:      ·       Item #1: Evaluate current instrumentation to ensure adequate monitoring for vacuum in the blend tank process area;  ·       Item#17: Redesign sample point on reactor R-7301;  .       Item #18: Evaluate PCV 30176 operation associated with reverse flow; evaluate installation of double check valves;  ·       Item #21: Consider reliability of flexible connection and ability to limit leaks to lessen chance of catastrophic release.

Issued

Feb 13, 2019

Abate by

Apr 2, 2019

Penalty

Initial $6,630 · Current $4,309 Reduced

General-duty citation text

29 CFR 1910.119(h)(2)(i): The employer, when selecting a contractor, did not obtain and evaluate information regarding the contract employer's safety performance and programs.    On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not evaluate information regarding the safety performance and programs of contract employer Austin Industrial, Inc.

Issued

Feb 13, 2019

Abate by

Apr 2, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(h)(2)(v): The employer did not periodically evaluate the performance of contract employers in fulfilling their obligations as specified in paragraph (h)(3) of this section   On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not periodically evaluate the performance of contract employer Austin Industrial, Inc. in fulfilling their obligations as specified in paragraph (h)(3).

Issued

Feb 13, 2019

Abate by

May 31, 2019

Penalty

Initial $9,282 · Current $6,033 Reduced

General-duty citation text

29 CFR 1910.119(j)(4)(i): The employer did not perform inspections and tests on process equipment:      On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not perform inspections and testing of the high high level alarm LAHH-90211 for HC blowdown tank V-7641.

Issued

Feb 13, 2019

Abate by

Sep 30, 2019

Penalty

Initial $9,282 · Current $6,033 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 had been corrected.     On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not ensure 2016 PSM compliance audit findings had been corrected such as but not limited to:        a.     Item #4: Develop a system and method, such as a PSM bulletin board, to ensure employees, including contractor employees, and their representatives have been provided access to process hazard analysis and other information required by the standard;   b.     Item #10: Conduct an in-depth PSM/RMP refresher/initial training for site PSM/RMP stakeholders and perform a proficiency test to ensure facility staff understands the training given and can readily identify the hazards of highly hazardous chemicals used or produced by the process.  c.     Item #46: Conduct and incorporate facility siting study information in the PHA evaluation and include specific provisions for evaluating facility siting in general as it pertains to mitigating hazards that could lead to catastrophic events.  d.     Item # 53: Establish a tracking methodology to address open PHA recommendations.  e.     Item # 123: Develop a comprehensive and standardized permit system and implementing/updating/verifying safe work practices and procedures for lockout/tagout.  f.      Item # 170: Establish a formalize MI task list with results of tests and inspections documented properly.  g.     Item #265: Update and implement the LCY emergency planning and response and emergency action plan procedures.  h.     Item # 266: Update the emergency action plan to include procedures for handling small releases and spills.  i.      Item #424: Review all contractors performing work at the site on or adjacent to covered processes against the applicability of the requirements in this contractor paragraph.  Review applicable contractor's PSM program consistency with LCY PSM requirements.  j.      Item # 432: Develop and implement a program to periodically evaluate the contractor employers' responsibilities under the PSM Standard.

Issued

Feb 13, 2019

Abate by

May 31, 2019

Penalty

Initial $9,282 · Current $6,033 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(ii)(B): The energy control procedures did not clearly and specifically outline the steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy.      On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the energy control procedures did not clearly and specifically outline the steps for shutting down, isolating, blocking and securing machines or equipment to control hazardous energy, for equipment including but not limited to the following:      a.   DAF Effluent Sum Pump P-7689A (P&ID EF-631 Rev. 8)  b.   Lift Station Pump P -7685A (P&ID EF-631 Rev. 8)  c.   Air Compressor C-7651A/B (P&ID EF-609 Rev. 8)  d.   Heat Exchanger (Dry solvent charge Pre-heater) E-7301 (P&ID EF-303 Rev.17)

Issued

Feb 13, 2019

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.134(h)(3)(i)(B): All respirators maintained for use in emergency situations were not inspected at least monthly and in accordance with the manufacturer's recommendations:  On or about 10/10/18 at the LCY Elastomers facility located in Baytown Texas, the employer had not inspected three (3) Self Contained Breathing Apparatus (SCBA), located in the control building, in accordance with the manufacturer's instructions.

Issued

Feb 13, 2019

Abate by

May 14, 2019

Penalty

Initial $744 · Current $500 Reduced

General-duty citation text

29 CFR 1910.1051(m)(2)(i): The employer did not establish and maintain an accurate record of all measurements taken to monitoring employee exposure to 1,3-butadiene as prescribed in 29 CFR 1910.1051(d):    On or about 10/10/18, at the LCY Elastomers facility located in Baytown Texas, the employer did not maintain records of employee exposure monitoring for 1,3-butadiene, including the date of sampling, operation(s) monitored, number, duration and results of samples, and any necessary written corrective actions, with tracking of completion.  Monitoring information was not maintained for 30 years in accordance with 29 CFR 1910.1020.