Imperial Sugar to pay $6 Million for safety violations

Imperial Sugar Co. agreed to pay $6 million in fines over safety violations following the February 2008 explosion in a Georgia plant that killed 14 people.

Imperial Sugar says it added numerous safety features when it rebuilt the Georgia plant last year. The settlement with OSHA also requires the company to maintain an improved housekeeping program, employ a full-time safety manager for the Georgia plant and undergo audits by outside safety experts for the next three years.

Imperial Sugar agreed to pay $4.05 million in fines for 124 safety violations, including 69 willful violations, at its Georgia refinery. The company will pay an additional $2 million in fines for 97 violations OSHA found at its Louisiana plant during inspections after the Georgia explosion.

Imperial Sugar’s chief financial officer, H.P. Mechler, said the company has improved its employee training program and overhauled its cleanup practices to ensure better control of sugar dust. “I don’t think anyone in the industry, including ourselves, were fully aware of the potential of dust as a hazard,” Mr. Mechler said. Imperial Sugar still faces 36 civil lawsuits, including suits by families of those killed and some of the 40 people injured, as well as a handful of shareholder suits, according to its most recent quartely results.

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Recent accidents likely to result in increased enforcement

Several recent safety accidents will likely result in increased enforcement from federal safety agencies. Consider the following incidents that have occurred in 2010:

Tesoro Refinery explosion: On April 2, 2010 a catastrophic failure of a heat exchanger resulted in 7 fatalities. The incident is presently being investigated by the Chemical Safety Board. The blaze started in a naphtha unit of the complex. Naphtha is a volatile, flammable liquid derived during the refining process, and the unit had undergone maintenance and was in the process of returning to operation. The blast was the biggest fatal refinery accident since a 2005 explosion at a BP American refinery in Texas killed 15 people and injured another 170, authorities said. It comes after Tesoro was fined $85,700 in 2009 for 17 serious safety and health violations.

Montcoal Mine Disaster: April 6, 2010 coal mine explosion resulted in 29 fatalities and injured 2. This was the worst coal mine disaster in the United States in the last 40 years. Federal Mine Safety and Health Administration records document three other fatalities there before the April explosion:

  • In July 2003, an electrician was electrocuted by a damaged cable.
  • In March 2001, a machine operator was fatally injured by falling rock.
  • In January 1998, a worker was killed when a mining roof collapsed. An investigation blamed faulty construction.

BP Oil Spill: The April 20, 2010 Deepwater Horizon oil spill is now considered the most massive oil spill in United States history. The explosion killed 11 platform workers and injured 17 others.  

Increased enforcement is already occurring. For instance, MSHA coal mine enforcement activity has increased significantly since the Montcoal mine disaster. Immediately after the incident, West Virginia Governor Joe Manchin ordered the inspection of all underground coal mines in West Virginia. Also, there has been speculation about potential criminal prosecution with the Montcoal and BP oil spill explosions. Companies should review their safety programs to ensure they are prepared for of an inspection.

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Jon Wallace interview with USA Today

After the recent fatality of a Sea World trainer, USA Today interviewed Jon Wallace. Click here to read the article:

http://www.usatoday.com/news/nation/2010-04-14-animal-attacks-inside_N.htm

Jon

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Chemical Safety Board Approves purging provisions

February 4, 2010: On a 2-1 vote, the U.S. Chemical Safety Board tonight approved urgent safety recommendations on gas purging safety at a public meeting in Raleigh, North Carolina following extensive testimony and public comment.  The draft recommendations, which were approved as presented by the staff without amendment, urged the National Fire Protection Association (NFPA), American Gas Association (AGA), and the International Code Council (ICC) to strengthen the national fuel gas code provisions on purging. 

In preliminary findings, CSB investigators determined that the catastrophic ConAgra explosion on June 4, 2009 resulted from the accumulation of significant amounts of natural gas that had been purged indoors from a new 120-foot length of pipe during the startup of a new water heater in the plant that made Slim Jims, a popular beef-jerky product. During pipe purging, workers feed pressurized gas into a pipe in order to displace air or other gases so that only pure fuel gas remains in the piping when it is connected to an appliance such as a water heater or boiler.

CSB investigations supervisor Donald Holmstrom said his team made the recommendations to the board during the course of the ConAgra investigation after discovering gaps in the fuel gas codes. “Purging flammable gases into building interiors is a recipe for disaster. At ConAgra, we determined the accident would not have happened had the gas been vented safely outdoors through a hose or pipe.” Mr. Holmstrom noted that since the June 2009 accident, ConAgra has instituted strict policies on purging, requiring it be done to safe outdoor locations.

As proposed, the CSB recommendations would urge the NFPA and the American Gas Association (AGA),  enact tentative interim and then permanent changes to the National Fuel Gas Code. These would require that purged gases shall be vented “to a safe location outdoors, away from personnel and ignition sources.” In cases where outdoor venting is not possible, companies would be required to seek a variance from local officials before purging gas indoors, including approval of a risk evaluation and hazard control plan. The recommendation would also require the use of combustible gas detectors to continuously monitor gas concentrations; the training of personnel about the problems of odor fade and odor fatigue; and warnings against the use of odor alone for detecting releases of fuel gases.

The CSB issued a safety bulletin in October 2009 entitled “Dangers of Purging Gas Piping into Buildings.” The bulletin’s key lesson is: “Purging new or existing gas piping into a building can be highly hazardous due to the possible accumulation of gas … and the associated danger of fire and explosion.” It notes that large numbers of workers are at risk, including plumbers, gas installers, maintenance workers, contract supervisors, and industrial facility managers.

Mr. Holmstrom said, “The CSB has examined several other similar accidents in which gas was purged indoors and not detected. We have determined that workers cannot rely on their sense of smell to warn them of danger, in part because people become desensitized to the odorant added to natural gas and propane. Gas detectors must be used.”  

 Other incidents examined by the CSB include: a 1999 explosion at a Ford power plant in Dearborn, Michigan, killing six, injuring 38, and causing a $1 billion property loss; a 2008 explosion at a Hilton Hotel under construction in San Diego, California that injured fourteen people; a 2005 school explosion in Porterville, California, burning two plumbers; and an explosion at a hotel in Cheyenne, Wyoming, in 2007 severely burning two plumbers.

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ConAgra Explosion – Update

ConAgra Foods Inc. has agreed to pay $106,440 for workplace safety violations at a snack foods plant where four workers died after a natural gas explosion last summer, state regulators said on January 12, 2010. Most of the citations against ConAgra Foods involved either failing to provide safety information or for generally failing to provide a workplace free of recognized hazards at its Slim Jim production plant in Garner, south of Raleigh.

The state Labor Department last month also cited Energy Systems Analysts, a subcontractor ConAgra hired to install a water heater, for similar violations with a total penalty amount of $58,100. Those citations and fines are still pending.

ConAgra agreed to change its safety and health procedures as part of its settlement. The company agreed to hold pre-construction conferences with contractors to anticipate health and safety hazards and review plant health and safety policies. ConAgra said it would also check the safety compliance records of contractors before they are hired.

ConAgra waived its right to further contest the citations or penalties.

The settlement also includes revised language that drops references to ConAgra management being present as a contractor working in a plant pump room tried to light a natural gas-fired water heater before the blast.

“The contractor removed the pressure gauge on the 3/8-inch pilot line and opened the supply valve multiple times that allowed a pressurized air mixture containing natural gas to be released in an enclosed room that contained ignition sources including unclassified electrical equipment such as motors and circuit panels,” the Labor Department’s citation said.

Three workers were killed and more than 70 required hospital treatment after the June 9 explosion in the packaging area caused part of the roof to collapse. A worker for Energy Systems Analysts became the fourth fatality when he died in November after suffering severe burns in the blast.

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OSHA Moving Towards Combustible Dust Standard

On October 21, 2009 federal OSHA published an Advance Notice of Proposed Rulemaking (ANPR) as a preliminary step in the development of a combustible dust standard. Since 1980, more than 130 workers have been killed and more than 780 injured in combustible dust explosions, including a Feb. 7, 2008, explosion at an Imperial Sugar Co. plant in Port Wentworth, Ga., that killed 14 people.

“Workers are dying from combustible dust explosions and it must stop,” said acting Assistant Secretary of Labor for OSHA Jordan Barab. “Worker safety must be a priority, and we are committed to enforcing effective standards to prevent a repeat of these tragedies.”

OSHA has scheduled two stakeholder meeting on December 14th to discuss combustible dust hazards. The meetings will be held at 9 a.m. and 1 p.m. EST at the Marriott at Metro Center located at 775 12th St. NW in Washington, D.C.

OSHA will use comments from these meetings and responses to an Advance Notice of Proposed Rulemaking in developing a comprehensive standard addressing fire and explosion hazards of combustible dust.

Jon

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NFPA 70E – The FRC Daily Wear Conundrum

During the last 10 years I’ve taught quite a few courses on NFPA 70E. By far, the biggest area of pushback and resistance deals with my recommendation that qualified persons wear hazard risk category (HRC) 2 flame resistant (FR) clothing as daily wear. The common complaint is that FR clothing is hot and employees don’t want to wear long-sleeve shirts during Summer months. Frequently, I have students remark that they rarely work on exposed energized equipment. Many clients comments that whenever they work on exposed energized equipment they will have their workers don the FR clothing to perform the task and then will remove the  clothing once the task is completed. If you have qualified persons, are you aware the following tasks typically require FR clothing:

  • Troubleshooting with an electrical multimeter
  • Performing verification of deenergized condition with a multimeter
  • Removal of bolted covers to expose bare, energized electrical conductors and circuit parts   

In addition, although circuit breaker or fused switch operation does not typically require FR clothing, NFPA 70E still requires nonmelting long sleeve shirt and pants.

Every time a qualified person perform a HRC task 1 and above, FR clothing is required. Even resetting a circuit breaker will require a long sleeve shirt and pants. I don’t believe it is practical that a qualified person will don the FR clothing every time it is required. What if a worker is troubleshooting an HVAC unit on the roof? How about troubleshooting a downed machine while the plant is losing thousands of dollar an hour in lost production and the FR clothing is 100 yards away?

Wearing FR HRC 2 clothing as a daily uniform helps ensure qualified persons are protected from arc flashes. Otherwise, you will liekly face an administrative nightmare trying to enforce the “don as you go” FR policy.

Jon

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State Department Worker Electrocuted in Iraq

Improper electrical wiring – failure to properly ground equipment – has been a chronic problem with US installations in Iraq. On September 1, a contractor for the US State Department was electrocuted while showering in Baghdad. Failure to properly ground equipment is a very common OSHA violation. For more information on this incident, please refer to the attached link:

http://www.cbsnews.com/stories/2009/09/08/world/main5295738.shtml

Grounding should be checked periodically, especially during safety inspections. Santronics sells an AC sensor that checks for presence of voltage as well as grounding. Click here for more information:

http://www.santronicsinc.com/voltage.htm

Jon

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Safety Shower/Eyewash Checklist

Guardian Equipment has an excellent ANSI Z358.1 Safety Shower/Eyewash checklist and it’s free (versus $71.00 for ANSI Z358.1 standard):

http://www.gesafety.com/literature/litrequest.shtml

Jon

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OSHA Region IV Announces Emphasis Program on Recyclers

On June 22, 2009 OSHA Region IV initiated a Regional Emphasis Program (REP) focusing on health hazards related to operations involving scrap and waste materials, including recycling/reclaim facilities. Area offices in Region IV will be conducting inspections of workplaces that have been identified as having operations and possible worker exposure to common health hazards found in this industry. The most common causes of illnesses are poisoning (e.g., lead or cadmium poisoning), disorders associated with repeated trauma, high levels of noise, skin diseases or disorders, and respiratory conditions due to inhalation of, or contact with, toxic agents.

The primary industry being targeted is SIC Code 5093 / NAICS 423930 – Scrap and Waste Material Recyclers and Processors.

Jon

Posted in Cadmium Poisoning, Lead Poisoning, OSHA Region IV, Scrap and Waste Material Recyclers and Processors | Leave a comment