OSHA Inspection: ULTIUM CELLS LLC

Issued

May 10, 2024

Abate by

Jul 1, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1910.119(c)(1):The employer did not develop a written plan of action regarding the implementation of the employee participation required by this paragraph.  On or about November 15, 2023, where employees work with and around quantities of electrolyte in excess of 10,000 pounds, the employer had not developed a written plan of action regarding the implementation of employee participation required by 1910.119(c)(2) and 1910.119(c)(3).

Issued

May 10, 2024

Abate by

Jul 1, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.119(c)(2): The employer did not consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this standard.   On or about November 15, 2023, where employees work with and around quantities of electrolyte in excess of 10,000 pounds, the employer had not consulted with employees and their representatives on the conduct and development of a process hazard analyses as well as on development of other elements of process safety management.

Issued

May 10, 2024

Abate by

Jul 1, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.119(c)(3): The employer did not provide employees and their representatives access to process hazard analyses and to all other information required to be developed under this standard   On or about November 15, 2023, where employees work with and around quantities of electrolyte in excess of 10,000 pounds, the employer had not provided to employees and their representatives access to the process hazard analyses, process safety information and to all other information required to be developed under 1910.119.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR 1910.119(d): Process safety information. In accordance with the schedule set forth in paragraph (e)(1) of this section, the employer shall complete a compilation of written process safety information before conducting any process hazard analysis required by the standard. The compilation of written process safety information is to enable the employer and the employees involved in operating the process to identify and understand the hazards posed by those processes involving highly hazardous chemicals. This process safety information shall include information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.  On or about and prior to November 15, 2023, the employer did not have a completed compilation of written process safety information (PSI) (as required for hazards of the chemicals, technology of the process and equipment in the process) for managers, engineers, operators, contractors and maintenance employees involved in operating and maintaining the process to understand the hazards of the process and equipment involving or affecting highly hazardous chemicals. The employer had not compiled and managed PSI for covered equipment prior to conduct of an initial process hazard analysis; had not prepared files for each piece of covered process equipment and populated those files with the process safety information (PSI) required by 1910.119(d)(1)-(3). Additionally, the employer failed to document and compile PSI documenting that covered process equipment complies with recognized and generally accepted engineering practices (RAGAGEP) and other process information, such as records of equipment operating conditions and records of mechanical integrity activities used to collect process safety information.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR 1910.119(e)(1): The employer shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this standard. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. Employers shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than the following schedule:  The employer failed to conduct an initial process hazard analysis prior to operating the covered process for the new facility at 7400 Tod Avenue, Warren Ohio workplace. The process hazard analysis had not been conducted, PHA recommendations for PHA team findings had not been identified and recommendations were not resolved prior to startup of operations in 2022.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.119(i)(2): The pre-startup safety review did not confirm that prior to the introduction of highly hazardous chemicals to a process:  29 CFR  1910.119(i)(2)(ii): Safety, operating, maintenance, and emergency procedures were in place and were adequate:  On or about and prior to November 15, 2023, the employer failed to ensure that the pre-startup safety review for a new facility confirmed that safety, operating, maintenance and emergency procedures to comply with this part were in place and adequate prior to the introduction of highly hazardous chemicals to the CESS/electrolyte covered process. The employer had not developed adequate written operating procedures to comply with the requirements of 1910.119(f)(1)(i)-(iv) including but not limited to normal operations, emergency shutdown, emergency operations, startup following an emergency shutdown and safety systems and their functions. The employer had not developed adequate written mechanical integrity procedures to comply with the requirements of 1910.119(j)(2)-(6) including but not limited to maintenance, equipment inspection, equipment testing and quality assurance written procedures to maintain the on-going integrity of process equipment.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.119(i)(2): The pre-startup safety review did not confirm that prior to the introduction of highly hazardous chemicals to a process:  29 CFR  1910.119(i)(2)(iii):For new facilities, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified facilities meet the requirements contained in management of change, paragraph (l):  On or about and prior to November 15, 2023, the employer failed to ensure that a process hazard analysis (PHA) had been performed on the Central Electrolyte Storage System (CESS) and packaging line covered processes and that all PHA team recommendations have been resolved prior to startup of the process. A PHA was not performed prior startup of the covered process for the new facility.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR 1910.119(d)(3)(i): Process safety information. Information pertaining to the equipment in the process did not include:  29 CFR 1910.119(d)(3)(i)(D): Relief system design and design basis;  On or about and prior to November 14, 2023, the employer did not document the relief system design and design basis for 30 pressure vessels that are part of the covered process in the CESS storage area and in the packaging area. The employer did not document the conditions or scenarios for which overpressure protection may be required, such as those listed in API Standard 521 which include pool fires that can affect multiple vessels, did not document the contingencies that can cause overpressure and the associated pressures generated and the rates at which fluids are required to be relieved, did not document the A/C Tower 1 as a safe discharge location, and did not document any considerations for the combined effect of superimposed and built-up backpressure on the operating characteristics of the relief devices for the discharge piping from each pressure vessel to the A/C Tower 1 for any scenarios identified for which overpressure protection may be required. The employer failed to document and compile the relief system design and design basis for the following covered process equipment:  a. Storage Tank ST-101A located in the CESS Storage Area,  b. Storage Tank ST-101B located in the CESS Storage Area, c. Storage Tank ST-102A located in the CESS Storage Area,  d. Storage Tank ST-102B located in the CESS Storage Area,  e. Storage Tank ST-103A located in the CESS Storage Area, f. Storage Tank ST-103B located in the CESS Storage Area, g. Waste Tank WT-101 located in the CESS Storage Area, h. Separator Tank SP-301 located in the CESS Storage Area,  i. Separator Tank SP-302 located in the CESS Storage Area, j. Separator Tank SP-303 located in the CESS Storage Area, and k. the Buffer Tank relief system comprised of 20 pressure vessels located in the packaging line area that included protection for Buffer Tanks BT-101A through BT-110B.   Employees working on and in the vicinity of equipment containing highly hazardous chemicals are exposed to fire, explosion and contact hazards.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

1910.119(f)(1)  The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.  29 CFR 1910.119(f)(1)(i): Steps for each operating phase:  29 CFR 1910.119(f)(1)(i)(B): Normal operations;  The employer failed to develop, document and implement PSM compliant operating procedures for normal operations for the covered process operations that included electrolyte material supply from the CESS storage area, process piping distribution to the MCB cabinet, process piping to Buffer Tank cabinets at the packaging line and electrolyte filling in the packaging line. The employer had not developed, documented and implemented an operating procedure for normal operations that included the process specific information required by 1910.119(f)(1)(ii), (iii) and (iv).  Employees working on and in the vicinity of equipment containing highly hazardous chemicals are exposed to fire, explosion and contact hazards.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

1910.119(f)(1)  The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.  29 CFR 1910.119(f)(1)(i): Steps for each operating phase:  29 CFR  1910.119(f)(1)(i)(D):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.  The employer failed to develop, document and implement PSM compliant operating procedures for emergency shutdown for the covered process operations that included electrolyte material supply from the CESS storage area, process piping distribution to the MCB cabinet, process piping to Buffer Tank cabinets at the packaging line and electrolyte filling in the packaging line. The employer had not developed, documented and implemented an operating procedure for emergency shutdown that included the process specific information required by 1910.119(f)(1)(ii), (iii) and (iv).  Employees working on and in the vicinity of equipment containing highly hazardous chemicals are exposed to fire, explosion and contact hazards.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

1910.119(f)(1): The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements.  29 CFR 1910.119(f)(1)(i): Steps for each operating phase:  29 CFR 1910.119(f)(1)(i)(E): Emergency Operations.  The employer failed to develop, document and implement PSM compliant operating procedures for emergency operations for the covered process operations that included electrolyte material supply from the CESS storage area, process piping distribution to the MCB cabinet, process piping to Buffer Tank cabinets at the packaging line and electrolyte filling in the packaging line. The employer had not developed, documented and implemented an operating procedure for emergency operations that included the process specific information required by 1910.119(f)(1)(ii), (iii) and (iv).  Employees working on and in the vicinity of equipment containing highly hazardous chemicals are exposed to fire, explosion and contact hazards.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR  1910.119(j)(2): The employer did not implement written procedures to maintain the on-going integrity of process equipment.  On or about November 15, 2024, the employer had not developed and implemented written procedures to maintain the ongoing integrity of equipment that is part the central electrolyte storage system (CESS) through the packaging line including but not limited to pressure vessels (storage tanks, separator tanks, waste tanks and buffer tanks) the multicoupler box, valves, controls, pumps, instrumentation and covered process piping. The employer failed to implement written procedures for inspection and testing to maintain equipment, inspection and testing during the installation and during ongoing use of covered process equipment.

Issued

May 10, 2024

Abate by

Sep 30, 2025

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(j)(4)(i): Mechanical integrity.  29 CFR 1910.119(j)(4)(i): Inspections and tests shall be performed on process equipment.  On or about November 15, 2023, the employer failed to perform initial inspections and tests related to pressure vessels and pressure vessel pressure-relieving device installation prior to putting the equipment into service. Inspections and testing had not been performed by a qualified and certified API 510 inspector on ASME code pressure vessels, for the following covered process equipment:  a. Storage Tank ST-101A located in the CESS Storage Area,  b. Storage Tank ST-101B located in the CESS Storage Area, c. Storage Tank ST-102A located in the CESS Storage Area,  d. Storage Tank ST-102B located in the CESS Storage Area,  e. Storage Tank ST-103A located in the CESS Storage Area, f. Storage Tank ST-103B located in the CESS Storage Area, g. Waste Tank WT-101 located in the CESS Storage Area, h. Separator Tank SP-301 located in the CESS Storage Area,  i. Separator Tank SP-302 located in the CESS Storage Area, j. Separator Tank SP-303 located in the CESS Storage Area, and k. the 20 Buffer Tanks located in the production building packaging line area that included Buffer Tanks BT-101A through BT-110B.   Pressure vessels that have not received initial inspections are at increased risk for loss of containment and overpressure protection system failure. Employees working on and in the vicinity of equipment containing highly hazardous chemicals are exposed to fire, explosion and contact hazards.

Issued

May 10, 2024

Abate by

Aug 1, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFE 1910.119(j): Mechanical integrity.  29 CFR 1910.119(j)(5):The employer did not correct deficiencies in equipment that were outside acceptable limits (defined by the process safety information on paragraph (d) of this section) before use:  Or or about February 28, 2024, the employer had not corrected equipment deficiencies that were outside acceptable limits defined by process safety information; in that equipment was operated with relief system vent line process piping being disconnected from the AC Tower 1 when that piping was documented in P&IDs as connected to the AC Tower 1 equipment. The CESS vent line is connected to relief systems for ten ASME code pressure vessels in the CESS storage area and was disconnected from the AC Tower 1 relief system discharge location. The CESS storage area relief vent line had become "plugged" or blocked by electrolyte material discharged into the piping and was discovered to be leaking electrolyte on December 4, 2023. When attempts to clear the blocked relief vent line failed, the process piping was disconnected and capped on December 9, 2023. As of February 28, 2024, the deficiency in the CESS Storage Area pressure vessel relief system had not been corrected by re-establishing the process piping pathway to the AC Tower 1 discharge location. During an overpressure event, overpressure protection relief systems for pressure vessels are intended to discharge to a safe location, when the pathway for the discharge is blocked and then disconnected, the risk for catastrophic release of highly hazardous chemical from the covered process is increased.

Issued

May 10, 2024

Penalty

Initial $16,131 · Current $16,131

General-duty citation text

29 CFR 1910.119(l)(1): The employer did not implement procedures to manage changes to process chemicals, technology, equipment, and procedures, and changes to facilities that affect a covered process.   On or about February 28, 2024, the employer did not ensure that management of change procedures were developed and implemented related to the failure and disconnection of the vent line connecting the CESS storage area overpressure protection relief system to the AC tower. The CESS storage area relief vent line had become "plugged" or blocked by electrolyte material discharged into the piping and was discovered to be leaking electrolyte on December 4, 2023. When attempts to clear the blocked relief vent line failed, the process piping was disconnected and capped on December 9, 2023. As of February 29, 2024, the employer had not initiated a PSM management of change procedure.

Issued

May 10, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.119(l)(2):  Management of change procedures shall assure that the following considerations are addressed prior to any change:  29 CFR  1910.119(l)(2)(ii): Impact of change on safety and health;  On or about March 5, 2024, the management of change (MOC) procedures, MOC Change Validation Tool - v*.02 for CESS Venting, dated March 5, 2024 failed to address the impact on safety and health for the disconnection of the CESS Storage Vent line from the A/C Tower 1 discharge location that disrupted the pathway for the CESS Storage Area overpressure relief system. The CESS Storage Area relief system is designed to vent overpressure events from the 10 ASME code pressure vessels from the storage area into the A/C Tower 1 discharge location. This management of change procedure also failed to address the safety and health impact for disconnecting a separator tank from the vent line and connecting the separator tank discharge to a flexible that is placed into an IBC tote during the unloading of electrolyte from tankers. Each separator tank is the pathway for the discharge of pressure-relieving devices for two storage tanks. The MOC procedure failed to address the overpressure event hazards for the altered pathway for the CESS Storage Area venting into the disconnected (and capped) vent line that could lead to catastrophic failure and the overpressure event hazards of venting storage tank and separator tank contents into an IBC tote during unloading which would lead to an immediate release of electrolyte into an employee occupied area. Due to these conditions for which the MOC does not address overpressure event hazards, employees are exposed to fire, explosion and contact hazards.

Issued

May 10, 2024

Abate by

Aug 30, 2024

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.119(l)(4): Process safety information required by paragraph (d) of this section was not updated when a change covered by this paragraph resulted in a change in the process safety information.   On or about January 16, 2024, the employer did not ensure that process safety information including, but not limited to P&IDs, were updated following a change a change in the vent piping from the CESS storage area to the AC Towers.