OSHA Inspection: DAIKIN AMERICA, INC.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $13,653 · Current $10,835 Reduced

Hazardous substances P345

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employee(s) that were exposed to respiratory hazards.  On or about July 2-3, 2021, at the M1/M2 Process Area, night shift employees were exposed to a respiratory hazard, where all necessary information concerning potentially hazardous substances in connection with T-250 was not provided.  Among other methods, feasible means of abatement consist of providing necessary information as an attachment to the employer?s existing Safe Work Permit issued at the time the work commenced.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $0 · Current $0

Hazardous substances P345

General-duty citation text

29 CFR  1910.1200(g)(1):  Chemical manufacturers and importers did not obtain or develop a safety data sheet for each hazardous chemical and for each chemical that posed a hazard not otherwise classified that they produce or import:   (a) On or about 07/02/2021 - M1/M2 Process Area, employees were exposed to respiratory hazards when performing activities such as maintenance tasks that required a line break and M2 Plant Lab Plant sampling and to potentially delayed medical treatment when information pertaining to the hazards of the highly hazardous chemicals in the process, as often found on safety data sheets, were not obtained or developed for all of the chemicals in the M2 Process such as, but not limited to, Perfluoroisobutene or PFiB and Telomer or class of chemical formed from combination of hydrogen chloride and difluorcarbene (CF2), resulting in compounds with formula H(CF2)nCl, where n equals the number of difluorocarbenes.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $13,653 · Current $10,835 Reduced

General-duty citation text

29 CFR  1910.119(f)(1)(iii)(B): The employer did not develop and implement written operating procedures that provided clear instructions for safely conducting activities involved in each covered process consistent with the process safety information that addressed health and safety considerations, such as precautions necessary to prevent exposure, including engineering controls, administrative controls, and personal protective equipment.   (a) On or about 7/2/2021 - M1/M2 Process Area, employees were exposed to respiratory hazards from hazardous chemicals such as, but not limited to, Chlorotrifluoroethylene (CTFE), Chlorofluoromethane (R-31), Hexafluoropropylene (HFP), and Trifluoromethane (R-23) when performing activities such as maintenance tasks that required a line break and M2 Plant Lab Plant sampling and the written procedures did not clearly identify the required level of respiratory protection.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(d)(1)(i): Selection of appropriate respirators was not based on the respiratory hazard(s) to which the worker was exposed and user factors that affect respirator performance and reliability:   (a) On or about 7/2/2021 - M1/M2 Process Area, employees were exposed to respiratory hazards from hazardous chemicals such as, but not limited to, Chlorotrifluoroethylene (CTFE), Chlorofluoromethane (R-31), Hexafluoropropylene (HFP), and Trifluoromethane (R-23) when performing activities such as maintenance tasks that required a line break and M2 Plant Lab Plant sampling and the employer had not selected an appropriate respirator.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $13,653 · Current $10,835 Reduced

Hazardous substances 1460P345

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employee(s) that were exposed to respiratory hazards.  On or about July 2-3, 2021, at the M1/M2 Process Area, night shift employees were exposed to a respiratory hazard, where clear operating instructions for conducting temporary operations in connection with the T-250 bypass procedure prd-m2-0060 were not provided.  Among other methods, feasible means of abatement consist of providing clear operating instructions for utilizing R-22 gas from J-1 in the T-250 bypass procedure prd-m2-0060

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $13,653 · Current $10,835 Reduced

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employee(s) that were exposed to respiratory hazards.  On or about July 2-3, 2021, at the M1/M2 Process Area, night shift employees were exposed to a respiratory hazard, where the employer did not select and provide proper personel protective equipment (PPE) in connection with the performance of the T-250 bypass procedure prd-m2-0060.  Among other methods, feasible means of abatement consist of providing supplied-air respirators to employees participating in the R-22 purge in connection with the T-250 bypass procedure prd-m2-0060.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $13,653 · Current $10,830 Reduced

Hazardous substances 1460P345

General-duty citation text

29 CFR  1910.134(d)(1)(iii): The employer did not identify and evaluate the respiratory hazard(s) in the workplace; including a reasonable estimate of employee exposures to respiratory hazards and identification of the contaminant's chemical state and physical form:   (a) On or about 07/02/2021 - M1/M2 Process Area, employees were exposed to respiratory hazards from unknown chemicals and known chemicals such as, but not limited to, Perfluoroisobutene (PFiB), Perfluorocyclobutane (C-318), Octafluoroisomethylether (OIME), and Hydrogen Fluoride (HF) when the 3RT Product process stream was vented to atmosphere while the employees were performing work to return T250 to normal operations as part of the "M2 - By-Passing T250 for Maintenance" procedure prd-m2-0060 and the employer had not conducted air sampling or monitoring identify all of the chemicals and the concentration of the chemicals in the air.

Issued

Dec 30, 2021

Abate by

Mar 28, 2022

Penalty

Initial $13,653 · Current $10,830 Reduced

Hazardous substances P345

General-duty citation text

29 CFR  1910.1200(g)(11):  Safety data sheets were not made readily available, upon request, to designated representatives, the Assistant Secretary, and the Director, in accordance with the requirements of 29 CFR 1910.1020(e):  (a) On or about 8/12/2021 - M1/M2 Process Area, employees were exposed to respiratory hazards when the employer did not provide twenty-four safety data sheets for the hazardous chemicals in the M2 Process such as, but not limited to Perfluoroisobutene (PFib) and Hydrogen Fluoride (HF) to the Assistant Secretary in a timely matter after written requests on 8/12/2021, 9/1/2021, 11/1/2021, and 12/8/2021.

Issued

Dec 30, 2021

Abate by

Mar 28, 2024

Penalty

Initial $136,532 · Current $110,000 Reduced

Hazardous substances 1460P345

General-duty citation text

Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employee(s) that were exposed to respiratory hazards.  On or about July 2-3, 2021, at the M1/M2 Process Area, night shift employees were exposed to a respiratory hazard from atmospheric process gas while performing the T-250 bypass procedure prd-m2-0060.  Among other methods, feasible means of abatement consist of using R-22 gas from J-1 for the R-22 purge in the T-250 bypass procedure prd-m2-0060, and venting the purge gas to the incinerator.