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DuraLabel's Weekly Safety News

Blog Author Angelique Sanders

Weekly safety news. Stay in touch with regulations from OSHA, NFPA, and other safety codes. Find out about other companies' best and worst practices. We scour the internet to provide you with helpful training resources and the latest safety information.


Monday, April 08, 2013

OSHA Significant Violations

The following is a summary of OSHA and state OSHA significant citations that have proposed fines over $100,000 that were announced during the week ending April 6th.

The following are based on a press releases from OSHA and other sources. Reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement are also included.

OSHA cites Wynnewood Refining Company ($281,100)
OSHA cites Tricon Precast in Houston ($109,800)
Mike Neri Sewer and Water Contractor cited for trench hazards ($110,440)
Salina, Kansas Ryan Roofing Cited after worker paralyzed in fall ($115,500)


OSHA has cited Wynnewood Refining Co. LLC with repeat, serious and other-than-serious violations following the death of two workers at the company's crude oil refinery in Wynnewood.

OSHA's Oklahoma City Area Office began its investigation Sept. 29, 2012, at the South Powell Street facility following the explosion of a boiler, which killed the employees. The inspection was expanded to include associated contractors and ongoing maintenance activities during a turnaround operation. OSHA investigators found violations of the process safety management standard, which requires specific management of hazards associated with processes using dangerous chemicals.

The six repeat citations were cited for:
  • failing to ensure that boiler equipment complied with recognized and generally accepted good engineering practices
  • not ensuring operating procedures addressed consequences of deviation from operating limits, including steps to avoid deviation from operating limits
  • not providing training at least every three years on the practice of igniting boiler burners
  • failing to establish and implement written procedures for testing and inspecting the shutdown and gas train interlocks for the boiler
  • not implementing a management of change procedure when modifying boiler operating procedures.
A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in 2008.

The 15 serious citations included:
  • failing to ensure the process safety information includes equipment design codes and standards
  • failing to ensure the process hazard analysis addressed purging the boiler burner firebox
  • loss of burner pilot/flame and prolonged fuel gas flow
  • failing to develop and implement operating procedures that address initial start-up of the boiler burner. 
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The two other-than-serious violations include failing to ensure boiler lockout procedures included a statement of intended use and failure to ensure a second level storage area was designed, constructed and marked with its maximum intended load.

Wynnewood Refining has been placed in OSHA's Severe Violator Enforcement Program. The program mandates targeted follow-up inspections to ensure compliance with the law.

Proposed penalties total $281,100.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/WynnewoodRefining_663538_3-27-13.pdf 
http://www.osha.gov/ooc/citations/WynnewoodRefining_778042_3-27-13.pdf

Wynnewood Refining Co., a subsidiary of Sugar Land, Texas-based CVR Energy Inc., employs about 265 workers in Wynnewood. The company has 15 business days from receipt of citations to comply, request an informal conference with OSHA's Oklahoma City office, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.


OSHA has cited Tricon Precast Ltd. with 21 alleged serious violations and three other-than-serious violations following an October 2012 complaint. The citations were for exposing workers to struck-by, electrical, fall hazards and numerous other unsafe working conditions at the company's Henry Road facility in Houston. The proposed penalties total $109,800.

The serious violations included:
  • failing to ensure electrical equipment is properly installed
  • failing to prevent exposure to electrical conductors on overhead cranes
  • not providing the required fall protection for employees working at heights of 4 feet or more
  • failing to properly maintain forklifts and cranes
  • not providing seat belts on forklifts
  • failing to ensure backup alarm was in working order
  • not ensuring that combustible materials were not stored in closed containers
  • failure to provide an eyewash/shower station in coating operation area
  • not providing medical evaluations and fit testing
  • failing to ensure hands were protected by wearing gloves
  • not providing the required guarding for machinery with rotating parts, pulleys and belts.
A serious violation is one that could cause death or serious physical harm to the employees when the employer knew or should have known of the hazard.
The other-than-serious violations include:
  • failing to have a respirator protection program in place
  • failing to test carbon monoxide in a supply air respirator
  • not providing a hazardous communication program
An other-than-serious violation is one where the incident would probably not cause death or serious physical harm, but would have a direct and immediate relationship on the safety and health of employees.

Tricon Precast, which employees about 220 workers who specialize in the manufacture of concrete barriers and retaining walls, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Houston North office, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/TriconPrecastLtd_673418_0328_13.pdf
http://www.osha.gov/ooc/citations/TriconPrecastLtd_668199_0308_13.pdf


OSHA has cited Mike Neri Sewer & Water Contractor Inc. for seven safety violations, including three willful violations, for failing to protect workers from cave-ins, moving soil and chunks of asphalt during trenching operations. The inspection was initiated under OSHA's national emphasis program for trenching and excavation after an OSHA inspector witnessed apparent cave-in hazards while traveling past a construction site in Des Plaines in October 2012. The proposed penalties total $110,440.

The three willful violations involve failing:
  • to provide cave-in protection to workers installing protective metal sleeves around an existing water main in a trench approximately 7 feet deep
  • to provide cave-in protection on another date during an extension of another trench approximately 6 feet deep
  • to ensure that excavated materials that posed a hazard of falling or rolling into the trench were placed at least 2 feet back from the trench edge
A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
OSHA cited three repeat violations for failing to:
  • establish a safety and health program
  • provide training to workers on trenching and excavation hazards
  • ensure that each worker exposed to struck-by hazards was protected by a helmet
A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited at a job site in Montgomery in 2009.
Because of the hazards and the violations cited, Mike Neri Sewer and Water Contractor has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities or job sites.

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available at:
http://www.osha.gov/SLTC/trenchingexcavation/index.html.

One serious violation was cited for failing to protect workers in a trench from water accumulation. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Prior to this inspection, Mike Neri Sewer and Water Contractor had been inspected by OSHA three times in the past five years and had been issued serious, repeat and willful citations related to various trenching hazards.

The current citations can be viewed at:
http://www.osha.gov/ooc/citations/MikeNeriSewerandWaterContractor_666698_0402_13.pdf.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.


OSHA has cited Ryan Roofing Inc. in Salina with three willful safety violations after a worker suffered a broken neck and was paralyzed when he fell 20 feet from the roof of a commercial building the company was replacing in Hoisington on Oct. 3, 2012. 

The three willful violations include:
  • failing to ensure the integrity of a roof structure employers were working on
  • failing to provide and use fall protection systems on a low-sloped roof
  • failure to provide training on fall protection to workers. 
Due to the nature of the hazards and the violations cited, Ryan Roofing has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations at related work sites of the employer.

Proposed penalties for this investigation total $115,500. The current citations can be viewed at:
http://www.osha.gov/ooc/citations/RyansRoofing_682238_0401_13.pdf.

OSHA has created a Stop Falls Web page at http://www.osha.gov/stopfalls with detailed information in English and Spanish on fall protection standards. The page offers fact sheets, posters and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection, such as guardrails, safety nets or personal fall arrest systems, be in use when workers perform construction activities 6 feet or more above the next lower level.

Ryan Roofing Inc. has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. This was OSHA's third inspection of the company, which has previously been cited for lack of fall protection and training.


Related Past Posts:
Significant OSHA Citations - Week Ending March 30th
Significant OSHA Citations - Week Ending March 23th
No Significant OSHA Citations - Week Ending March 16th

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