OSHA Inspection: MESSER LLC

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $16,550 · Current $10,000 Reduced

Hazardous substances 0170

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 toxic inhalation hazards from anhydrous ammonia.   a)	On or about June 22, 2025, and at times prior, the employer did not ensure employees were protected from exposure to toxic inhalation hazards from anhydrous ammonia.  A discharge of anhydrous ammonia occurred at  a pressure relief valve (PSV 504-C) after Compressor C701 restarted following a power failure.  After the power failure occurred, system valves were closed on the liquid ammonia line to tank E-504.  When Compressor C701 restarted and continued to run, the valves remained closed allowing pressure to build in the system until it exceeded the pressure setting of  PSV 504-C, causing PSV 504-C to lift and release ammonia from the discharge header to the atmosphere  where it entered an occupied area of the building and surrounding areas.  PSV 504-C continued to release ammonia vapor and did not re-seat and close. Due to the construction of the building, location of the discharge termination and lack of emergency exhaust ventilation, dangerous accumulations of ammonia vapor accumulated.  Systems were not in place to notify employees of dangerous accumulations of ammonia vapor inside the building and the ammonia system did not have adequate safety controls in place to prevent the C701 Compressor from restarting following a power interruption.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $11,823 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.120(q)(2)(iv): The emergency response plan did not address, to the extent not addressed elsewhere, safe distances and places of refuge  a) On or about June 22, 2025, and at times prior, the employer did not ensure the emergency response plan addressed the safe distances and places of refuge  in that the evacuation route and evacuation points identified were the main gate or west truck entrance, and  places of refuge such as shelter in place when chemical contaminants may be release into the environment were not designated.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(2)(v):The emergency response plan did not address, to the extent not addressed elsewhere, site security and control:  a) On or about June 22, 2025, and at times prior the employer did not ensure the emergency response plan addressed site security and control during an emergency hazardous release of Anhydrous Ammonia. Areas surrounding the danger area were not controlled during emergencies by prohibiting unauthorized personnel from entering the emergency release area including methods of excluding areas and defining various zones.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(2)(vii):The emergency response plan did not address, to the extent not addressed elsewhere, decontamination:  a) On or about June 22, 2025, and at times prior, the employer did not ensure that the emergency response plan addressed decontamination in that it did not address the setting up of a decontamination station and the decontamination of personnel and equipment after responding to an emergency release of anhydrous ammonia.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(2)(viii):The emergency response plan did not address, to the extent not addressed elsewhere, emergency medical treatment and first aid:  a) On or about June 22, 2025, and at times prior, the employer did not ensure the emergency response plan addressed, to the extent not addressed elsewhere, emergency medical treatment and first aid, in that emergency medical treatment and first aid procedures for emergency responders were not addressed in that the emergency response plan  did not provide for advanced first aid support of trained personnel no more than 3-4 minutes from the site, the plan did not list all qualified emergency personnel onsite, their certifications, and how to contact them during an emergency.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(2)(xi): The emergency response plan did not address, to the extent not addressed elsewhere,  personal protective equipment and emergency equipment:   a) On or about June 22, 2025, and at times prior the employer did not ensure the emergency response plan addressed personal protective equipment required for emergency response to hazardous anhydrous ammonia release and personal protective equipment required for decontamination when employees responded to an emergency release of anhydrous ammonia.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.165(d)(1):Employee alarm systems were not maintained in operating condition.  a) On or about June 22, 2025, and at times prior, the employer did not ensure employee alarm systems were not maintained in operating condition, in that the Dayton 26Z727 Red/Green and Allen Bradley Red/Yellow/Green strobe lights and audible alarm referred to as AAH and AAHH to indicate ammonia exposure above 25 ppm did not activate when ammonia vapors exceeded 25 ppm.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $16,550 · Current $5,000 Reduced

General-duty citation text

29 CFR  1910.120(q)(3)(iii):Based on the hazardous substances and/or conditions present, the individual in charge of the ICS did not implement appropriate emergency operations and did not ensure that the personal protective equipment worn was appropriate for the hazards encountered:  a) On or about June 22, 2025, and at times prior, the employer did not ensure that the individual in charge of the ICS ensured that the personal protective equipment worn was appropriate for the hazards encountered when employees responded to a release of anhydrous ammonia in that employees wore their basic daily personal protective equipment including a long sleeve cotton shirt, and full-face cartridge respirator, but did not wear hand protection or additional body protection when responding to an active release of anhydrous ammonia with hazards including but not limited to skin corrosion category 1, serious eye damage category 1, and acute toxicity inhalation.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(3)(iv):Employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard, did not wear positive-pressure self-contained breathing apparatus until such time that the individual in charge of the incident command system determined through the use of air monitoring that a decreased level of respiratory protection would not result in hazardous exposures to employees:  a) On or about June 22, 2025, and at times prior the employer did not ensure employees engaged in emergency response and exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard, such as but not limited to anhydrous ammonia did not wear positive-pressure self-contained breathing apparatus until such time that the individual in charge of the incident command system determined through the use of air monitoring that a decreased level of respiratory protection would not result in hazardous exposures to employees. Employees responding to an anhydrous ammonia release with acute toxicity (inhalation) according to the SDS, when the concentration of anhydrous ammonia in the air was unknown, did not wear a positive-pressure self-contained breathing apparatus until the individual in charge of the incident command system determined through the use of air monitoring that a decreased level of respiratory protection would not result in hazardous exposures.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(3)(v):All operations performed in hazardous areas were not performed using the buddy system in groups of two or more:  a) On or about June 22, 2025, and at times prior, the employer did not ensure that all operations in hazardous areas were performed by groups of two or more  using the buddy system, when employees were required to  respond to an anhydrous ammonia release.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(3)(vi): Qualified basic life support personnel, as a minimum, did not stand by with medical equipment and transportation capability:  a) On or about June 22, 2025, and at times prior, the employer did not ensure that qualified basic life support personnel stood by with medical equipment and transportation capability and that backup personnel were on stand by and available with equipment ready to provide assistance, when two employees entered the danger area to respond to the anhydrous ammonia release on the east side of the building, and there were no other employees onsite.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.120(q)(6):The employer did not provide training in accordance with 29 CFR 1910.120(q)(6)(i) through (q)(6)(v) for employees who participated in or were expected to participate in emergency response:  a) On or about June 28, 2025, and at times prior the employer did not ensure that employees who participated or were expected to participate in emergency operations received training in accordance with 29 CFR 1910.120(q)(6)(i) through (q)(6)(v). Employees were required to respond an anhydrous ammonia release with acute toxicity (inhalation)

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(c)(3):The employer did not designate a program administrator who was qualified by appropriate training or experience to administer or oversee the respiratory protection program and to conduct the required evaluations of program effectiveness.  a) On or about June 28, 2025, and at times prior, the employer did not designate a program administrator in the respiratory protection program, when employees were required to wear full face air purifying cartridge respirators.

Issued

Dec 16, 2025

Abate by

Jan 23, 2026

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR  1910.134(k):The employer did not provide comprehensive, understandable training which did not occur annually and/or more often if necessary.  a) On or about June 28, 2025, and at times prior,  the employer did not ensure that employees required to wear full face air purifying cartridge respirators were provided comprehensive, understandable training annually and/or more often if necessary.