OSHA Inspection: KUGLER OIL COMPANY

Issued

Dec 21, 2023

Abate by

Feb 9, 2024

Penalty

Initial $14,063 · Current $9,844 Reduced

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): 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 employees.  Employees were exposed to a fire and explosion hazard while manually igniting a propane torch to heat the sulfur burner vessel. This was documented to occur on or about July 19, 2023.  A propane torch was manually lit by an employee and placed in the vessel port opening, the torch failed to maintain a flame and allowed propane gas to accumulate near the port opening creating a fire and explosion hazard.  Employees were exposed to the fire and explosion hazards while attempting to reignite the flame.   AMONG OTHER METHODS, FEASIBLE AND ACCEPTABLE ABATEMENT METHODS INCLUDE BUT ARE NOT LIMITED TO:   1. Develop, implement, and communicate to employees written work rules that address safe start-up and restart procedures and operating and troubleshooting instructions for the Ammonium Thiosulfate (ATS) plant in accordance with manufacturer recommendations.   2. Remove the bypass valve and re-incorporate the use of an automated system to pre-heat the ATS plant per the manufacturer as outlined in North American Mfg Co. Bulletin 46.96 2-79 for the Gas-Compressed Air Torches operator manual.

Issued

Dec 21, 2023

Penalty

Initial $14,063 · Current $9,844 Reduced

General-duty citation text

29 CFR 1910.132(a): Protective equipment was not used when necessary whenever hazards capable of causing injury and impairment were encountered:  Employees engaged in Ammonium Thio Sulfide (ATS) production activities located at 71748 Railroad Drive, Culbertson, Nebraska 69024, were exposed to fire and explosions hazards in that the employer failed to provide employees with fire retardant clothing and face shields to wear while pre-heating the Sulphur burner.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $10,046 · Current $7,032 Reduced

General-duty citation text

29 CFR 1910.147(c)(4)(i):Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:  Employees engaged in maintenance operations at 71748 Railroad Drive, Culbertson, Nebraska 69024, were exposed to electrical hazardous energy release in that the employer failed to develop and implement written lockout tagout procedures for the gas fan in the ATS plant.

Issued

Dec 21, 2023

Abate by

Jan 19, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.147(f)(3)(ii)(D):Each authorized employee did not affix a personal lockout or tagout device to the group lockout device before working on the machine or equipment:  Employees engaged in maintenance operations at 71748 Railroad Drive, Culbertson, Nebraska 69024, were exposed to electrical hazardous energy releases in that the employer failed to ensure that each authorized person affixed their personal lockout device before performing maintenance on the gas fan in the ATS plant.

Issued

Dec 21, 2023

Penalty

Initial $6,026 · Current $4,218 Reduced

General-duty citation text

29 CFR 1910.305(b)(1)(iii)(D):The raceway is sealed or plugged at the outer end using approved means so as to prevent access to the enclosure through the raceway;  Employees engaged in Ammonium Thio Sulfide (ATS) production activities located at 71748 Railroad Drive, Culbertson, Nebraska 69024, were exposed to electrical hazards in that the employer failed to protect employees engaged in using the igniter torch during the pre-heat startup for the ATS plant. The raceway attached to the igniter torch was not sealed or plugged on the outer end exposing live electrical wiring.

Issued

Dec 21, 2023

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.305(b)(1)(iii)(F):29CFR1910.305(b)(1)(iii)(F): The raceway was not fastened at its outer end and other places as necessary:  Employees engaged in Ammonium Thio Sulfide (ATS) production activities located at 71748 Railroad Drive, Culbertson, Nebraska 69024, were exposed to electrical hazards in that the employer failed to protect employees engaged in using the igniter torch during the pre-heat startup for the ATS plant. The raceway attached to the igniter torch was not fastened at its outer end or other places as necessary.