OSHA Inspection: CRITICAL MINERAL RECOVERY?

Issued

Apr 28, 2025

Abate by

Jun 13, 2025

Penalty

Initial $11,585 · Current $9,268 Reduced

General-duty citation text

29 CFR 1910.37(a)(2): Exit routes were not arranged so that employees would not have to travel toward a high hazard area, nor was the hazard effectively shielded by suitable partitions or barriers.  On or about 30 October 2024, employees at the Critical Mineral Recovery facility, located at 815 State Highway OO, Fredericktown, Missouri, were exposed to burn and explosion hazards. The employees were required to travers directly in front of inadequately shielded Liquefied Petroleum Gas (LPG) cylinders in storage along their emergency exit route.

Issued

Apr 28, 2025

Abate by

Jun 13, 2025

Penalty

Initial $8,276 · Current $6,620 Reduced

General-duty citation text

29 CFR  1910.110(b)(6)(ii):29 CFR 1910.110(b)(6)(ii): Each individual container was not located the minimum specified distance from an important building or group of buildings in accordance to Table H-23:  On or about 30 October 2024, employees of Critical Mineral Recovery were exposed to burn and explosion hazards while working in the facility located at 815 State Highway OO, Fredericktown, Missouri.  The employer stored Liquified Petroleum Gas (LPG) cylinders directly against the north exterior wall of the process building.

Issued

Apr 28, 2025

Abate by

Jun 13, 2025

Penalty

Initial $11,585 · Current $9,268 Reduced

Hazardous substances 0720A001

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 in that employees were exposed to combustible recycled materials (i.e. plastics and metals, specifically aluminum) dust deflagration, explosion and/or other fire hazards while working at or near a non-ferrous metal processing line where the size reduction (shredding/milling) portion was not adequately designed and equipped to reduce employee exposure in the even of an internal deflagration or other fire event:  On or about 30 October 2024, at Critical Mineral Recovery, employees engaged in the recycling of lithium-ion battery parts were exposed to an ignition of combustible materials within the shredding and milling process line.  The 225,000 square foot facility was destroyed by fire following ignition of battery components.    Among other methods, feasible methods to correct these hazards are outlined in National Fire Protection Association (NFPA) Standard 484 "Standard for Combustible Metals, 2022 ed." - Sections 5.4.1 (Representative dust testing), 9.3.2.1 (equipment design/fugitive dust), 9.4 (Ignition source control), 11.4 (Clean up procedures for Fugitive Dust Accumulations), 13.2-4 (Dusts collection and pneumatic conveying of powder requirements) 17.4 (Legacy metal/powder production), 19.8.1.1 (Building construction) and Section 7.2 "Dust Hazards Analysis". Specifically - Perform a dust hazards analysis (DHA) within the guidelines of NFPA 484 to determine the most appropriate method of abatement based on the specific combustion properties of the dusts handled by each processing line. Depending on the results of the DHA, options for abatement may include, but may not be limited to, the following:  (A)	Inert at least the size reduction process, if not the entire line, in accordance with NFPA 484 to reduce ignition potential by limiting or removing oxygen to prevent ignition and or deflagration, and  (B)	Establish and enforce a documented housekeeping and inspection program in accordance with NFPA 484 to control fugitive dust in the facility, and    (C) Relocate the dust collection exhaust to an outdoor location in compliance with NFPA 484 to limit fugitive dust exhaust back into the facility.   Additional NFPA combustible dust standards may also be need to be reviewed for guidance including NFPA 70 "National Electric Code , 2020 ed.", and NFPA 654 "Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids, 2020 ed."  There are no promulgated standards that apply to this type of equipment, for that reason, Section 5(a)(1) of the Occupational Safety and Health Act of 1970 is applied.

Issued

Apr 28, 2025

Abate by

Jun 13, 2025

Penalty

Initial $11,585 · Current $9,268 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 in that employees were exposed to recognized hazards of burn or smoke inhalation injuries relating to structure fire of a building constructed with exposed combustible building materials:  On and before 30 October 2024, at the Critical Mineral Recovery (CMR) facility located at 815 State Highway OO, Fredericktown, Missouri, the employer exposed employees to the recognized hazards of burn and smoke inhalation injuries relating to structure fire of a building constructed with exposed combustible building insulation.   Exposed spray-applied polyurethane foam plastic insulation was present on the exterior walls and ceiling of CMR's 225,000 square foot lithium-ion battery recycling facility.   Among other methods, feasible and acceptable abatement methods to correct this hazard is to ensure walls and ceilings are constructed with noncombustible insulation.  The building design should conform to nationally recognized standards or codes such as the National Fire Protection Association (NFPA) 101 "Life Safety Code, 2018 ed.", Chapter 10 Interior Finish, Contents, and Furnishings and the National Fire Protection Association (NFPA) 484 "Standard for Combustible Metals, 2022 ed.", Chapter 9 Hazard Management: Mitigation and Prevention.  NFPA 101 "Life Safety Code, 2018 ed.", Chapter 10, Interior Finish, Contents, and Furnishings, Section 10.2 (Interior Finish), Cellular or foamed plastic materials shall not be used as interior wall and ceiling finish unless specifically permitted by 10.2.4.3.2 or 10.2.4.3.4.  National Fire Protection Association (NFPA) 484 "Standard for Combustible Metals, 2022 ed.," Chapter 9, Hazard Management: Mitigation and Prevention, Section 9.2 (Building Design), including Section 9.2.8 (Additional Facility Design Requirements for Legacy Metals [Aluminum]) and Chapter 16, Alkali Metals.