Tag Archives: citations

Phillips 66 Refinery Fined Nearly $325,000 for Workplace Violations

Today’s post comes from guest author Kit Case, from Causey Wright.

Phillips 66 Refinery has been fined $324,000 for failing to correct serious workplace safety and health violations. A Department of Labor & Industries (L&I) inspection of the Ferndale, WA facility found the violations put refinery workers at great risk in case of a fire or explosion.

L&I cited the refinery for three instances of not correcting violations that it was previously cited for in September and October of 2014. These are considered “failure to abate” serious violations.

The 2014 citations are under appeal to the Board of Industrial Insurance Appeals. State law requires employers to correct hazards even if the violations are under appeal, unless a “stay of abatement” is granted to allow a delay in making the corrections. The company’s stay of abatement request was denied by the board.

Two of the violations, each with a penalty of $108,000, involve the refinery’s firefighting and fire suppression systems. Phillips did not inspect or follow recognized and generally accepted good engineering practices in respect to the firefighting water tank or the buried firefighting water distribution piping. Inspection and maintenance of these systems is required by state regulation and the National Fire Protection Association. The company also failed to address the potential loss of firefighting water, which puts employees and emergency responders at risk of serious injuries, disability or death if the system were to fail during a fire or explosion.

L&I cited Phillips for a third “failure to abate” serious violation for not consulting established, peer-reviewed industry references before writing a policy related to opening chemical piping. This violation also comes with a $108,000 penalty.

The company’s hazard assessment allowed workers to be potentially exposed to hydrogen sulfide, a poisonous gas, and explosive flammable hydrocarbon vapors at much higher concentrations than considered safe. Employers in high-hazard chemical industries are expected to make sure that their internal policies and guidelines reflect current good engineering practices across those industries and that they meet local regulations, which may be stricter than national regulations.

The employer has 15 days to appeal the citation. Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

 

Photo credit: RVWithTito via Foter.com / CC BY

Texas Trench Collapse Results in $400k OSHA Fine and 16 Safety Violations

Today’s post comes from guest author Leonard Jernigan, from The Jernigan Law Firm.

On July 22, 2015, Hassell Construction Co. was cited by OSHA for 16 safety violations (including 6 egregious willful violations) and given a whopping $423,900 fine. Hassell Construction Co. is a construction company based in Richmond, Texas with about 150 employees that construct water and sewer lines around Houston, Texas. The employer was given 15 business days to comply with each citation, request an informal conference with OSHA’s Houston South area director, or contest the citations and penalties before the OSHA Health Review Commission.

These citations were given after a trench that was 8 feet below the ground collapsed in February crushing an unsuspecting employee. Luckily, the worker was dug out by his co-workers using their bare hands. The minute the worker was freed from the trench, the trench collapsed a second time.

According to OSHA’s regional administrator in Dallas, John Hermanson, “Hassell Construction knew its trenches weren’t safe, but still put its workers in harm’s way.” Due to the fact that trench cave-ins such as the one in February are completely preventable OSHA has also placed the construction company in the Severe Violator Enforcement Program which often inspects employers and mandates follow-up inspections to ensure that they are complying with the law. In North Carolina, a similar incident allowed the employee to sue the employer directly and overcome the exclusivity provision of the North Carolina Workers’ Compensation Act. Woodson v. Rowland. 373 S.E.2d 674 (1988).

Read about the citations here: https://www.osha.gov/ooc/citations/HassellConstruction_1031127_0722_15.pdf

Original Article 7/22/15 posted on WorkersCompensation.com.