Armour Swift-Eckrich Presentation - Informal Stipulation and Settlement Agreement for OSHA Swift-Eckrich, INC. d/b/a Armour Swift-Eckrich

<< Back to Armour Swift-Eckrich PSM Presentation

Informal Stipulation and Settlement Agreement for OSHA Swift-Eckrich, INC. d/b/a Armour Swift-Eckrich

The undersigned Employer, Swift-Eckrich, Inc. d/b/a Armour Swift-Eckrich, hereinafter ASE, and the undersigned Occupational Safety and Health Administration (OSHA), in settlement of the citation(s) and penalties which were issued on October 9, 1997 as a result of the above OSHA inspection, hereby agree as follows:

The Respondent agrees to correct the violations as cited in the above citations. The abatement and abatement dates are set forth herein and in Appendix A, B, C, and D to this document.
The Respondent agrees to pay the proposed penalties issued with the above citation(s), as amended below. If the Employer defaults on any payment of an amended proposed penalty, the penalty will revert back to the amount as originally issued.
The Respondent and OSHA agree that the following citations and penalties are being amended as follows:

ITEM #

PROPOSED
PENALTY

AMENDED
PENALTY

AMENDED ABATEMENT
DATES

1	$3,150.00	$1,000.00	November 8, 1997
2	$4,500.00	$1,000.00	Fire Evacuation December 8, 1997 Tornado Drill April 30, 1998
3	$4,500.00	$1,000.00	December 8, 1997
4	$4,500.00	$1,000.00	January 1, 1998
5	$4,500.00	$1,000.00	January 1, 1998
6	$4,500.00	$1,500.00	February 1, 1997
7	$4,500.00	$1,000.00	February 1, 1997
8	$4,500.00	$1,000.00	January 1, 1998
9	$7,000.00	$2,500.00	March 1, 1997
10a-10e	$7,000.00	$1,500.00	March 1, 1998
11	$4,500.00	$1,500.00	April 1, 1998
12	$7,000.00	$3,500.00	June 26, 1998
13a-13c	$7,000.00	$3,500.00	June 26, 1998
14	$7,000.00	$2,000.00	June 26, 1998
15	$4,500.00	$1,500.00	June 26, 1998
16	$4,500.00	$1,500.00	June 26, 1998
17	$2,250.00	$1,000.00	June 26, 1998
18	$4,500.00	$2,000.00	June 26, 1998
19	$2,250.00	$1,000.00	June 26, 1998
20	$2,250.00	$1,000.00	June 26, 1998
21	$2,250.00	$1,000.00	January 1, 1998
22	$2,250.00	$1,000.00	January 1, 1998
23	$7,000.00	$5,000.00	February 1, 1998
24	$7,000.00	$5,000.00	February 1, 1998
25	$7,000.00	$2,500.00	February 1, 1998
26	$7,000.00	$5,000.00	February 1, 1998
27	$7,000.00	$5,000.00	June 26, 1998
28	$7,000.00	$5,000.00	June 26, 1998
29	$7,000.00	$5,000.00	June 26, 1998
30	$4,500.00	$2,000.00	June 26, 1998
31	$4,500.00	$2,000.00	June 26, 1998
32	$4,500.00	$2,000.00	June 26, 1998
33	$4,500.00	$2,000.00	January 1, 1998
34	$4,500.00	$2,000.00	February 1, 1998
35a-35c	$4,500.00	$2,000.00	February 1, 1998
36	$2,250.00	$1,000.00	February 1, 1998
37	$4,500.00	$2,000.00	February 1, 1998
38	$4,500.00	$2,000.00	January 1, 1998
39	$4,500.00	$1,500.00	January 1, 1998
40	$4,500.00	$1,000.00	Completed Sept. 15, 1998
41	$4,500.00	$1,000.00	June 26, 1998
42	$4,500.00	$1,000.00	June 26, 1998
43	$4,500.00	$2,000.00	June 26, 1998
44	$4,500.00	$2,000.00	December 1, 1997
45	$2,250.00	$1,500.00	December 1, 1997
46	$4,500.00	$4,500.00	December 1, 1997
47	$7,000.00	$4,000.00	October 15, 1997
48	$7,000.00	$2,500.00	a. Oct. 15, 1997 b. Jan. 8, 1998 c. June 26, 1998 d. June 26, 1998 e. Jan. 8, 1998
49	$4,500.00	$1,000.00	January 8, 1998
50	$4,500.00	$1,000.00	October 4, 1998
51a	$4,500.00	$1,000.00	March 1, 1998
51b	$4,500.00	$1,000.00	September 19,1997
52a-b	$2,250.00	$1,000.00	Completed August 30, 1997
53	$7,000.00	$6,500.00	October 15, 1997

The Respondent, by signing this informal settlement agreement, hereby waives its rights to contest the above citation(s) and penalties, as amended herein.
The Respondent agrees to immediately post a copy of this Settlement Agreement in a prominent place at or near the location of the violation(s) referred to in paragraph 3 above. This Settlement Agreement must remain posted until the violations cited have been corrected, or for 3 working days (excluding weekends and Federal Holidays), whichever is longer. The employer agrees to mail a copy of this agreement to collective bargaining unit representatives at Local 2, UFCW, 1305 East 27th Street, Kansas City, Missouri 64108.
The Respondent agrees to continue to comply with the applicable provisions of the Occupational Safety and Health Act of 1970, and the applicable safety and health standards promulgated pursuant to the Act.
Specific abatement for items 1-53 is set forth in Paragraph 3 above, Appendices A, B, C and D attached hereto and incorporated herein. For elements of the PSM Standard not specifically addressed in Appendices A, B, C and D or paragraph 3 above the abatement dates will be as set forth in paragraph 9 "Region-wide PSM Agreement" except that all elements of the Kansas City, Kansas facility’s PSM program will be fully implemented and in compliance with all provisions of 1910.119 by July 1, 1998.
The Respondent will use the amended citation and this Settlement Agreement as a training tool to train all Ammonia System Operators, Maintenance Personnel, Plant Engineers, Safety Director, Human Resources Manager, Collective Bargaining Unit Representative(s) and the Plant Manager at the Kansas City, Kansas facility. The Corporate Safety Department will forward a copy of this agreement and the amended citations to all facilities within ASE.

ASE will offer Process Safety Management, hereinafter PSM, training "An Overview to Process Safety Management" to the United Food and Commercial Workers Union, Local 2, leadership within six months of settlement. If requested, this training will also be offered to the health and safety staff of the International office of the UFCW.

ASE agrees to conduct a seminar(s) on the subject of ammonia refrigeration system PSM for all facilities within ASE and to subsidiaries within ConAgra, Inc. with facilities subject to the PSM standard and will inform the facilities of the citations and the settlement agreement. Training will include at a minimum all elements of the PSM Standard and an overview of IIAR. Attendance will be mandatory for representatives from each ASE facility located within Region VII which has an ammonia refrigeration system of sufficient capacity to be covered under the PSM standard.

ASE will provide information and/or training to the other companies within the meat and turkey processing industry on ammonia system PSM. The format of the information and/or training will be, at a minimum, a lecture, seminar or training session conducted before meetings of the American Meat Institute and the National Turkey Federation.

ASE will provide training to site personnel including the safety manager, plant engineer, system operators, and members of the Joint Labor/Management Safety and Health Committee at the Kansas City, Kansas facility in incident investigation techniques, specifically root cause analysis. This will be completed by June 26, 1998.

ASE will send the site Safety Manager for PSM training at the OSHA Institute in Colorado by October 6, 1997.

ASE agrees all supervisors and members of the Joint Labor/Management Safety and Health Committee, at the Kansas City, Kansas facility, will complete OSHA 501 - Introduction to OSHA Standards 10 hour course. This was completed at the Kansas City, Kansas facility, prior to September 1, 1997.

Additional abatement actions at the Kansas City, Kansas Facility.

The ASE Corporate Safety Department agrees to monitor site progress against this agreement as well as previous action plans furnished to OSHA through monitoring reports submitted by the site, as well as on-site visits at a frequency determined by the Corporate Safety Director.

After review by ASE Corporate Safety Department, ASE agrees that the Kansas City, Kansas facility will provide the OSHA Mission District Office and UFCW Local 2 with progress reports documenting abatement on the items referenced in this document every sixty days with the first report being due on November 1, 1997. Subsequent reports to be completed as follows: January 1, 1998; March 1, 1998; May 1, 1998; July 1, 1998.

ASE agrees to obtain a third-party audit of the PSM program after completion of implementation of the program from a source agreed upon by ASE, the United Food and Commercial Worker’s Union, and OSHA - Region VII office on or before July 1, 1999.

ASE agrees to serve as benchmark for PSM to other facilities/companies (with the exception of direct competitors in the meat and poultry processing industry) using anhydrous ammonia as a refrigerant in cooperation with the Occupational Safety and Health Administration through the Region VII office.

ASE will continue to make engineering changes to the anhydrous ammonia system at the Kansas City, KS facility including but not limited to:
1. Continue to change piping that has been shown through testing and evaluation to have a loss of 50% or greater, consistent with the timetable that was furnished and developed by the facility at the time of inspection and provided (See Appendix D) to OSHA at time of inspection
2. calculate and install ventilation in the engine room (s) in compliance with IIAR Bulletin 111.
3. install emergency cut-off switches for both engine rooms and emergency ventilation controls at a remote location from the engine room.
ASE will perform the five year inspection suggested by IIAR Bulletins 109 and 110 on or before July 1, 1998 to determine:
1. mechanical integrity of the system consistent with IIAR bulletin 110
2. conformity with all applicable International Institute of Ammonia Refrigeration(IIAR), American National Standards Institute (ANSI), American Society of Heating, Refrigeration and Air Conditioning (ASHRAE) and ASE engineering codes and standards
3. ASE will identify, inspect and determine condition, as consistent with ASE piping replacement guidelines (see Appendix ‘C’), and as necessary, replace pipe at the facility insulated with Armor-Flex® insulation.
Lockout Abatement Actions at the Kansas City, Kansas Facility.

ASE agrees to evaluate the written lockout program by November 8, 1997.

ASE agrees to modify all written lockout procedures for the facility (with the exception of ammonia refrigeration equipment) as needed by January 8, 1998.

ASE agrees to re-conduct awareness level lockout training for all supervisors and employees by February 8, 1998.

ASE agrees to conduct authorized level training for all required employees using the revised lockout procedures by April 8, 1998.

ASE agrees to ensure all employees receive lockout awareness training at time of hire and refresher training at least annually. This will be in place by January 8, 1998.

ASE agrees to ensure all employees receive lockout training as authorized employees prior to work assignment requiring the use or application of lockout devices. This will be in place by January 8, 1998.

ASE agrees to ASE agrees to modify training programs for current employees including, but not limited to:
1. Technical support
  
  Vendors and manufacturers have been contacted to provide training assistance and procedure development for many pieces of equipment in the operation. Technical support people will be used to development for many pieces of equipment in the operation. Technical support people will be used to train trainers at the location to ensure an on-going, effective training program. This effort will be on-going and started the week of September 15, 1997.
2. Job Safety Analysis/Standard Operating Procedures
  
  The company will review current SOP’s for equipment and incorporate Job Safety Analysis techniques into the SOP’s. This effort will be on-going. Training will begin using these procedures April 1, 1998.
3. Revamp/revise new hire orientation
  
  The company will review and revise the new hire safety orientation program to ensure a thorough review of general safety issues as well as OSHA required training. This will be implemented June 26, 1998.

Region-wide PSM Agreement

ASE agrees to enter into a Region-wide PSM Settlement agreement for the following facilities located within the jurisdictional boundaries of OSHA Region VII:

Missouri
Butterball Turkey Company
411 N. Main St.
Carthage, MO 64836

Kansas
Armour Swift-Eckrich
4612 Speaker Rd.
Kansas City, KS 66110

Armour Swift-Eckrich
1920 Lacy Drive
Junction City, KS 66441

Nebraska

Abatement Reports For Other Covered Facilities Within OSHA Region VII:

The action(s) taken to achieve abatement and the dates the actions were taken.
The actions planned to be taken and a schedule for completing abatement.
A report detailing any known release of ammonia from the system or other incident which affected the ammonia refrigeration system which requires an incident investigation required under 1910.119(m).
All abatement certification and documentation must be forwarded to OSHA in the quarterly reports. Such information meets the timeliness, format, and content required by 1903.19. The provisions of this agreement do not relieve the employer from taking necessary actions to be in full compliance with the provisions of 1903.19.

Respondent takes the position that for purposes of actions other than actions or proceedings under the provisions of the Occupational Safety and Health Act of 1970, nothing contained herein shall be deemed an admission by Respondent that Respondent violated the Act or its regulations or standards.
Nothing contained herein is intended to limit OSHA’s right to conduct inspection permitted under the Act.

If, during the course of any inspection conducted during the life of this Agreement, the Secretary detects a situation or condition related to the coverage of this Agreement which would ordinarily result in a citation, the Secretary will determine whether the condition is being or will be addressed as part of the facility’s activities pursuant to this Agreement. If the condition is reasonably being or will be addressed pursuant to this Agreement, no citation shall be issued.

OSHA retains the right to issue PSM related citations to any facility in the event the Company is determined by OSHA not be implementing this Agreement in good faith.

Further, each party hereby agrees to bear his or its own fees and other expenses incurred by such party in connection with any stage of this proceeding.

(Signature of Gary Grubb)	10-9-97
Gary Grubb 1305 East 27th Street Kansas City, MO 64108 (For the United Food and Commercial Workers)	Date

(Signature of Mark Banden)	10-9-97
Mark Banden Overland Park District Ofc. OSHA, Department of Labor 8600 Farley, Suite 105 Overland Park, KS 66212-4677 (For the Occupational Safety and Health Administration)	Date


Timothy M. Harris, President Swift-Eckrich, Inc. d/b/a Armour Swift-Eckrich 2001 Butterfield Rd. Downers Grove, IL 60515 (For the Employer)	Date


Mark A. Lies, II SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 55 East Monroe Street Chicago, IL 60603-5803 (Attorney for Employer)	Date

APPENDIX A

ABATEMENT PLAN FOR THE KANSAS CITY, KANSAS FACILITY

The employer agrees to abate the violations by taking the following actions within the dates set forth as follows:

Item 1: 5(a)(1)

Doors were taken out of service at time of inspection until hooks were installed to hold doors in the raised position.
All poles have been removed and hooks have been installed for chains (as above).

In addition, the company agrees to implement an inspection program for oven doors. All oven operators will be trained to immediately report deficiencies to their supervisor. In addition, an inspection will be done on a monthly basis to ensure the doors raise and lower smoothly and the chain locks in place effectively. This will be in place by November 8, 1997.

Item 2: 1910.38(a)(5)(ii)(c)

The company agrees to re-train all employees on the Emergency Action Plan by December 8, 1997. In addition, the company agrees to retrain all affected employees on plan changes in the future.
The company has posted revised egress maps in the upstairs hallway (posted approximately August 20, 1997). As above, all employees will be re-trained on the Emergency Action Plan and egress routes prior to December 8, 1997.

In addition, the company agrees to conduct a practice evacuation drill for all employees prior to December 31, 1997. The company also agrees to conduct a tornado drill by April 30, 1998.

Item 3: 1910.120(q)(2)

The company agrees to revise the written Hazmat Emergency Response procedures to remove the criteria involving release of the EPA’s reportable quantity and replace with language consistent with 1910.120(a)(3) by December 8, 1997.

The language to describe a Hazmat criteria will be taken from the OSHA definition of "Emergency response" as found in 29 C.F.R. § 1910.120(a)(3):

A response effort by employees from outside the immediate release area or by other designated responders (i.e., mutual aid groups, local fire departments, etc.) to an occurrence which results, or is likely to result, in an uncontrolled release of a hazardous substance. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses within the scope of this standard. Responses to releases of hazardous substances where there is no potential safety or health hazard (i.e., fire, explosion, or chemical exposure) are not considered to be emergency responses.
In addition, the company agrees to recognize 20 parts per million threshold for employee evacuation for anhydrous ammonia. This will be added to the Emergency Action Plan with all employees being trained prior to December 8, 1997.
The company agrees to revise the written Hazmat Emergency Response procedure to include provisions for response to Carbon Dioxide and/or Sulfuric Acid releases. Chlorine is not contained in a state nor a quantity to cause safety and/or health concerns as a result of a release.

The company agrees to train all Hazmat responders in the revised provisions by December 8, 1997. In addition, the company agrees to provide affected employees with appropriate training for all other changes in the future.
The company agrees to improve details and methods to determine and define safe distances and places of refuge in the Emergency Action Plan. All affected employees will be trained in these changes by December 8, 1997.

The following citations involve 29 C.F.R. § 1910.119 - PSM. The company has hired a consultant, Lamb Industrial Consultants (Appendix ‘B’) to assist with the full implementation of the PSM standard at the Kansas City, KS facility. A time line for the program is attached to this agreement as (Appendix ‘B’) showing full completion by June 26, 1998.

Item 4: 1910.119(c)(1)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119(c) - Employee participation. This program will be complete by January 1, 1998.

The company agrees to develop and implement a written plan of action regarding employee participation in accordance with 29 C.F.R. § 1910.119(c). In addition, the plan will specifically address how employee(s) and their representatives will be consulted in the development of the following elements of PSM:

Employee Participation
Contractor Programs and Evaluations
Hot Work
Management Of Change

Trade secrets will not be described in the plan as this part of the standard does not apply for ammonia refrigeration systems.

Item 5: 1910.119(c)(2)

The company agrees to consult with employees and their representatives in the development of the PSM program on all twelve points listed below. In addition, the company agrees to consult with the Joint Labor/Management Safety and Health Committee, system operators, and maintenance group employees in development of the program. The points will specifically include:
1. How to obtain and verify the process safety information pertaining to the hazardous chemicals, technology, and equipment in the process.
2. The methodology appropriate to determine and evaluate hazards of the process including facility siting and human factors.
3. The establishment of a system to promptly address the teams findings and recommendations and to communicate the actions to operating, maintenance, and other employees whose work assignments are in the process.
4. Who should assist in developing operating procedures, which operating procedures should be developed, what format should be used, and how to certify annually that the operating procedures were current and accurate.
5. What training was required for operators before they could operate the process alone. What the content and frequency of refresher training should be. How could the employer ascertain operators received and understood the training.
6. How contractor safety performance and programs should be evaluated both prior to selection and periodically while on site. How should work practices to control entrance, presence and exit of contract employers and contract employees be developed and implemented.
7. How should a pre-startup safety review be performed, who should perform it.
8. Which equipment should be included in the mechanical integrity program. What written procedures are needed to maintain the on-going integrity of process equipment and test and inspection equipment. What training employee involved in maintaining the equipment should have, and what special certifications are necessary. What procedures including reporting and assignment of responsibility are necessary to assure deficiencies are corrected in a timely manner. What procedures are necessary to assure equipment is fabricated and installed consistent with design specifications and that spare parts are suitable for the process.
9. How should the hot work permit be implemented?
10. What is a change, and how should management of change be implemented.
11. Which incidents and near misses should be reported and investigated. Who should be on the team, what technique should be used to thoroughly investigate and analyze the incident. What system should be implemented to promptly resolve report findings and recommendations. How should results be reviewed with employees.
The company agrees to modify the Contractor Safety Program to include language to ensure contractor employees are informed of methods and procedures to discuss concerns and suggestions with the company.

Item 6: 1910.119(d)(2)(1)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (d) - Process Safety Information.

The company agrees to create a new block flow diagram for the entire ammonia refrigeration system.
The company agrees to compile process safety information including the maximum intended inventory of vessels.
The company agrees to compile information pertaining to the technology of the process including safe upper and lower limits for items such as temperatures, pressure, flow, or levels.
The company agrees to include information pertaining to the technology of the process including deviation from safe upper and lower limits such items as temperatures, pressure, flow, or levels.

Item 7: 1910.119(d)(3)(i)

The company agrees to compile process safety information for the ammonia refrigeration unit including design codes and standards used; materials of construction, anticipated corrosion rates, and specified minimum wall thickness for equipment such as pressure vessels and piping including, but not limited to, the hot gas return lines, high temperature liquid lines, hot gas lines, relief valve headers, and pressure relief valves. For the new ammonia refrigeration unit, the compilation of process safety information will include materials of construction for equipment such as but not limited to compressor, compressor oil pumps, surge drums, ammonia pumps, pressure relief valves.
The company agrees to compile process safety information for the ammonia refrigeration units including piping and instrument diagrams.
The company agrees to compile process safety information for the ammonia refrigeration units including information concerning electrical classification.
The company agrees to compile process safety information for the ammonia refrigeration units including information on relief system design and design basis.
The company agrees to compile process safety information for the ammonia refrigeration units including information on ventilation system design and its relationship to the classification of electrical wiring.
The company agrees to compile process safety information for the ammonia refrigeration units including information on safety systems (e.g., interlocks, cutouts, detection and suppression systems).

Item 8: 1910.119(d)(3)(ii)

The company agrees to determine and document that the equipment in the refrigeration systems meet good engineering design. This will be determined by visual inspections and testing developed with the mechanical integrity program. This will include at a minimum:
1. The location for the discharge of pressure relief valves for the new system.
2. The size of the common vent header that pressure relief valves are manifolded into.
3. Pipe and insulation materials and coatings are suitable for the application.
4. The 25# and 3# accumulators that are not equipped with pressure relief devices.
5. In the old unit, king valves which stop the flow of liquid ammonia will be made operable from the floor or a fixed platform.
The company agrees to verify that the machine room complies with recognized and generally accepted good engineering practices including a determination of:
1. The need for Class 1, Division 2 electrical classification, or identify alternative control methods. (i.e. ventilation, etc.)
2. The need to provide and locate emergency remote controls, to stop the action of the refrigeration compressors and to activate the emergency ventilation system, immediately outside the machinery room

Item 9: 1910.119(c)(i)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (e) - Process Hazard Analysis.

The company agrees to re-conduct a process hazard analysis to identify, evaluate, and control hazards for all portions of the ammonia refrigeration system. During this PHA, the following will be discussed:
1. Over tightening of valve causing bonnet to lift.
2. The effect of water hammer or slugging in an ammonia pipe/valve.
3. Leaving hand-valve open or closed without periodic cycling.
4. An automatic valve opening/closing with excessive force.
5. Ammonia leak from corrosion of ammonia piping in an enclosed area.
6. Isolation of line full of ammonia.
7. Gasket or flanges fails.
8. Multiple SRVs discharges occur in piping and the header has insufficient capacity.
9. Inadequate PM on instrumentation/ controls.
10. Critical instrumentation is out of service.
11. SRV capacity is too low or vents to an unsafe area.
12. Stress corrosion cracking in vessels including accumulators.
The company agrees that the new process hazard analysis (as listed above) will be of appropriate complexity to identify, evaluate and control the following hazards:
1. Ammonia leak from accumulator, piping or level indicator in an enclosed area or on roof.
2. Failure of solenoid valve to cycle from low side dumps with resulting vibration and possible leaking from hydraulic hammer in liquid line to the receiver.
3. Ammonia leak from stems on valves in an enclosed area.
The company agrees to include the following employees as part of the PHA Team:
1. A member of the site engineering staff.
2. Site Safety Manager.
3. At least one Site Maintenance Mechanic.
4. At least one member of the Site PSM Committee.
5. At least one system operator.

Item 10a: 1910.119(e)(3)(ii)

The company agrees that the process hazard analysis to be performed will include a review of all available site incident reports, to identify, evaluate and, as appropriate, develop controls for those situations with a likely potential for catastrophic consequence in the workplace. The company will use information including, but not limited to, the site PSM Incident Log (log of releases and near misses), site Ammonia System Operators Shift Log, site incident investigation file, discussions with system operators, etc. to identify areas of concern. The company will define what constitutes an incident. The company will also screen the results of incidents, and will analyze incidents to identify trends.

Item 10b: 1910.119(e)(3)(iii)

The company agrees that the new PHA will address the engineering and administrative controls applicable to the hazards of the process. The new PHA will address the following detection methodologies and controls:

Detection methodologies for ammonia and requirements for emergency ventilation in the absence of class 1, div. II classification.
Pressure relief valves and their vent header.
Emergency isolation valves such as the King Valves, emergency compressor shutoff switches including their location and access.
Mechanical integrity procedures for equipment including but not limited to pressure vessels, piping, and shutoff valves, and interlocks to determine their effectiveness, the integrity of the equipment, the adequacy of the Armor-Flex insulation, and appropriate inspection frequencies and content.

Item 10c: 1910.119(e)(3)(iv)

The company agrees that the new PHA will address the consequences of failure of engineering and administrative controls including the continuously operated mechanical ventilation system, compressor cutouts, PRVs, ammonia detection system, power failure, corrosion of electrical contacts due to air contaminants, mechanical integrity program, and contractor program.

Item 10d: 1910.119(e)(3)(v)

The company agrees that the new PHA will address facility siting such as but not limited to the location of PRV discharge, ignition sources, location of machine room and control rooms, sufficiency of access or egress for maintenance or emergencies, location of nearby equipment, and drainage or diking for containing liquid ammonia spills in the machine room or on the roof.

Item 10e: 1910.119(e)(3)(vi)

The company agrees that the new PHA will address human factors including but not limited to: operator/process interface, workplace/working environment, organization/ policies, task design/job organization, training/education, unusual work schedules (lone worker issues), location of isolation valves, clarity and simplicity of displays, clarity of signs and labels, and written procedures.

Item 11: 1910.119(e)(5)

The company agrees to establish a system to promptly address the process hazard analysis team's findings and recommendations and to communicate the actions to be taken, as a result of the process hazard analysis team's recommendations, to operating, maintenance and other employees whose work assignments are in the process and who could be affected by the recommendations or actions.

In addition, the company agrees to resolve all outstanding recommendations from the 1994 PHA including:
1. A remote switch will be installed
2. Instruction to contractors working on compressors will be followed and enforced
3. SOPs will be rewritten and reviewed
4. Plant wide inspection of pipe hangers will be completed.
5. All Ammonia piping has been evaluated using through the use of non-destructive testing (radiography). All pipes with a wall thickness reduction of 50% or greater will be replaced in accordance with ASE piping replacement guidelines (Appendix ‘C’).
As noted above, the company agrees to communicate and discuss recommendations and status of those recommendations with the operators of the system as well as other affected employees.

Item 12: 1910.119(f)(1)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (f) - Standard Operating Procedures.

The company agrees to re-develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and which address the elements listed in 29 C.F.R. § 1910(f)(1)(I) through (f)(1)(iv).

Item 13a: 1910.119(f)(1)(i)(B)

The company agrees that the written operating procedures for all ammonia refrigeration units will include normal operating procedures, including data to be collected during normal walk around such as liquid levels in surge drums and receivers, inspections on equipment and tasks to be performed such as defrosting evaporators, instrument readings data to be collected, operating conditions (e.g., temperature, pressure, flow, etc.), when to perform ammonia transfer operations and responding to routine alarms and hammering or other unusual noises.

Item 13b: 1910.119(f)(1)(i)(C)

The company agrees that the new written operating procedures will include temporary or emergency operating procedures for system upsets including operating outside normal operating limits, operating without safety systems, online maintenance of instruments, interlocks, and alarms, partial loss of utilities or loss of backup power, weather extremes(not requiring shutdown),operation during failure of the computer system.

Item 13c: 1910.119(f)(1)(i)(D)

The company agrees that the new written operating procedures will have emergency shutdown procedures for abnormal or emergency conditions that define those conditions in which shutdown is required and evacuation is necessary, such as failure of components (pipes, compressors, vessels) to contain ammonia, fire, critical safety system failure such as compressor cutouts, or exceeding safe operating limits. These procedures will also include the written assignment of shutdown responsibility to qualified operators to ensure that emergency shutdowns are executed in a safe manner.

Item 14: 1910.119(f)(1)(ii)

The company agrees that the new written operating procedures will address operating limits such as flow rates, pressure limits, temperature ranges and levels. These procedures will also address the consequences of deviation from normal operating limits, the steps required to correct or avoid those deviations and the consequences of deviations from startup, normal, and shutdown operations.

Equipment will include, but not limited to:

Frick/imeco Ammonia Evaporative Condensers
Frick/imeco Ammonia Evaporators
Frick Screw Ammonia Compressors
Hansen and York Ammonia Pumps
Frick Low Pressure Accumulator
Frick Thermosyphon Receiver
Kleen-air Ammonia Make-up Air Unit Rmau1
Frick Screw Compressors
Hansen Ammonia Purger
Fes Screw Compressors
SOPs #101-121

Item 15: 1910.119(f)(1)(iii)(A)

The company agrees that the written operating procedures will address hazards such as thermal expansion of trapped liquids, sudden deceleration of liquid line flow, liquid propelled by high velocity vapor, water contamination, liquid spills while cleaning suction strainers and demisters; and draining oil pots.

Item 16: 1910.119(f)(1)(iv)

The company agrees that the written operating procedures will address requirements for the safety systems and their functions such as emergency stop buttons, isolation devices (King valves), level cutouts, water spray systems, and emergency backup power.

Item 17: 1910.119(f)(3)

The company agrees to conduct an annual review of the written operating procedures and certify that these procedures are current and accurate.

Item 18: 1910.119(f)(4)

The company agrees to implement safe work practices for the control over entrance into the facility by contractors maintenance personnel working on the ammonia refrigeration units including providing operator escorts, assuring equipment is prepared for work, and assuring contractor employees follow safety and health rules.
The company agrees to develop and implement safe work practices for opening process equipment or piping. A line break procedure will be developed that will assign responsibility for approvals, evacuation and purging requirements, auditing for compliance, training, and personnel protection equipment requirements.

Item 19: 1910.119(g)(2)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (g) - Training.

The company agrees to provide refresher training at least every three years, and more often if necessary, for employees operating the old refrigeration unit.
The company agrees to consult with employees concerning the frequency of their need for refresher training.

Item 20: 1910.119(g)(3)

The company agrees to document training on specific in-plant operating procedures, operating limits, safety systems, emergency procedures, and safe work practices and document the means used to verify that the employees understood the training that they receive on topics including startup, shutdown, and operation of equipment. This will also include startup, shutdown, and operation of the new computerized system.
The company agrees to develop knowledge requirements for qualified operators including job skills demonstration on in-plant equipment and SOPs.

Item 21: 1910.119(h)(2)(i)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (h) - Contractors.

The company agrees to obtain and evaluate information regarding contract employers’ safety performance and programs; and specifically those of American Systems, Inc; Dual-Temp Illinois, Inc.; Wachter Electric; Preston Refrigeration.

Item 22: 1910.119(h)(2)(v)

The company agrees to develop and implement a program to periodically evaluate the performance of contract employers in fulfilling their obligations as specified in 29 C.F.R. § 1910.119(h) including:
1. Who can perform audits and what their training or experience requirements are.
2. What guidelines are used to qualify contractors and how they are graded prior to awarding contracts.
3. Require all deficiencies found in the contractor safety evaluation and periodic audits have a full explanation, that findings and any corrective actions be reviewed with the contractor, that follow-up be performed to ensure corrective actions are completed, and that results are documented.
The company agrees to develop and implement procedures to periodically evaluate whether contract employees have been trained in safe work practices, known potential fire, explosion, or toxic release hazards and applicable provisions of the emergency action plan. The procedures will include a means to verify contract employees understand training, and that the training for contractor employees maintaining the on-going integrity of process equipment is equivalent to that required for direct hire employees.

Item 23: 1910.119(i)(2)(i)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (i) - Pre-startup safety review.

The company agrees to re-develop a pre-startup safety review to ensure construction and equipment in accordance with design specifications. The program will include the following items prior to the introduction of ammonia to the system:

Process safety information such as P&IDs has been compiled and verified as complete, current, and accurate.
An acceptance test will be performed including: testing of computer hardware and software; functional testing of protection devices including alarms, interlocks, cutouts and level controls.

Item 24: 1910.119(i)(2)(ii)

The company agrees to re-develop a pre-startup safety review to ensure that prior to the introduction of anhydrous ammonia to the system, safety, operating, maintenance, and emergency procedures are in place and adequate. This program will include all elements required under 29 C.F.R. § 1910.119 (i) - Pre-startup safety review.

Item 25: 1910.119(i)(2)(iii)

The company agrees to re-develop a pre-startup safety review to ensure that prior to the introduction of anhydrous ammonia to the system, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified facilities meet the requirements contained in management of change, paragraph (l); prior to startup.

The company agrees to redevelop a pre-startup safety review to ensure employees are trained in operating procedures including initial startup, operating, safety, emergency, and maintenance procedures and document the training and means to verify that employees understood the training.

Item 27: 1910.119(j)(2)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (j) - Mechanical Integrity.

The company agrees to develop and implement written procedures for the repair of process equipment to maintain the ongoing integrity of equipment including the following pressure vessels and storage tanks, piping, valves, controls, and pumps and compressors. These procedures will include materials and spare parts control, authorizations and approval for repairs, steps to accomplish for repairing or replacing equipment, frequency of replacement employee training and qualifications, welding and heat treating requirements, inspection and testing after repair, and documentation requirements.
This includes, but is not limited to:
The company agrees to develop and implement written procedures for the replacement or pressure relief valves. In addition, the company agrees to replace relief valves in the following equipment:

Item 28: 1910.119(j)(4)(i)

The company agrees to perform independent five year inspections and tests on vessels.
The company has now performed inspection and testing for piping and components and will replace all pipe at the facility meeting criteria established in the ASE piping replacement guidelines (see Appendix ‘D’).

The company agrees to perform inspection and testing on the following pressure relief valves:

#1 FES COMP	#2 FES COMP	#3 FES COMP
#4 FES COMP	#5 FES COMP	#6 FES COMP
#7 FES COMP	#8 FES COMP	#1 high side dump
#2 high side dump	#3 high side dump intercooler	75# receiver
35 # receiver	pumpout accumulator	oil accumulator
#1 lowside dump	#2 lowside dump	#3 lowside dump
oilpots	ice maker	transfer tank

The company agrees to perform inspection and testing for emergency shutdown systems including but not limited to:
1. Compressor cutouts including discharge temperature, discharge pressure, oil temperature (upper and lower), oil sump temperature maximum.
2. King valves.
3. Frick Low Pressure Accumulator high and low liquid level cutouts.
4. 25 lb. Intercooler high liquid level cutout.
The company agrees to perform inspection and testing for controls (including monitoring devices and sensors, alarms, and interlocks).
The company agrees to perform inspection and testing for pumps and compressors.

Item 29: 1910.119(j)(4)(ii)

As part of its Mechanical Integrity Program, the company agrees to establish written testing and inspection procedures that follow recognized and generally accepted good engineering practices. These procedures will include good engineering practices for testing and inspection programs including:
1. The identification and characterization of equipment.
2. The establishment and implementation of testing and inspection procedures for process equipment that describe the rationale for performing inspections, calibration of equipment, and the methodology for performing the inspection.
3. The definition of appropriate frequencies for testing and inspection of process equipment.
4. The qualification and training requirements for inspecting and testing personnel
5. Criteria for acceptable test results
6. The establishment of methods to analyze inspection and testing results to assure that equipment deficiencies are corrected when outside acceptable limits.
The company agrees that the Mechanical Integrity Program will include procedures for the inspection and testing of vessels and heat exchangers that follow good engineering practice. Good engineering practices for the inspection and testing of vessels and heat exchangers will include:
1. Annual external visual inspections of the condition of insulation and inspection of nozzles, sight glasses, supports and associated equipment for vibration and corrosion.
2. Additional testing and inspection including inspection of the underlying vessel or heat exchanger when insulation is unsound or damaged.
3. The need of an independent full inspection every five years including evaluation of the potential for stress corrosion cracking.
4. When non-destructive testing such as hydraulic or ultrasonic tests are necessary, including when sections of insulation on vessels and heat exchangers which are obviously in poor condition and the insulation must be removed to determine the integrity of the vessels or heat exchangers.
The company agrees that the Mechanical Integrity Program will include procedures for the inspection and testing of piping and components that follow good engineering practice. Good engineering practices for the testing and inspection of piping and components include:
1. The establishment and implementation of testing and inspection procedures and frequencies that describe the external inspections of piping, valves, and pressure relief valve headers including, but not limited to inspection for leaks in the process lines, proper bolting at flanges, inspection for misalignment and vibration, inspection of supports for hanger distortion or breakage, loose brackets, support corrosion, shoes off support, corrosion, and damaged insulation.
2. When non-destructive testing such as hydraulic or ultrasonic tests are necessary, including when sections of insulation on piping which are obviously in poor condition and the insulation must be removed to determine the integrity of the piping.
The company agrees that the Mechanical Integrity Program will include procedures for the inspection and testing of pressure relief valves and vent systems that follow good engineering practices. Good engineering practices for the testing and inspection of pressure relief valves and vent systems include:
1. Testing and inspection procedures and frequencies and describe visual on stream inspections and inspection of valves upon removal from service.
2. The external/on stream inspection of relief devices shall include, but is not limited to ensuring the correct relief device is installed, the established test or replacement interval is not exceeded; there are no gags, blinds, closed valves or piping obstructions; the relief device does not leak; upstream and downstream block valves are sealed or chained and locked in the proper position; vent stacks and discharge piping are properly supported; valve body drains and vent stack drains are open; and inspection for vibration damage.
3. A procedure that verifies replacement every five years is an adequate interval. To assure pressure relief valves are still operational when replaced, they must be visually inspected for corrosion or fouling when removed from service, pop tested in the "as received" condition by an authorized testing laboratory, and the testing and inspection or replacement interval reduced, if necessary.
The company agrees that the Mechanical Integrity Program will include procedures for the inspection and testing of emergency shutdown systems that follow good engineering practices. Good engineering practices for the testing and inspection of emergency shutdown systems include:
1. The identification and characterization of equipment including but not limited to, compressor cutouts, level cutouts and King valves.
2. The establishment and implementation of testing and inspection procedures and frequencies, proper functioning complete instrument loops for cutouts, King valves, and safety interlocks.
The company agrees that the Mechanical Integrity Program will include procedures for the inspection and testing of controls (including monitoring devices and sensors, alarms, and interlocks) that follow good engineering practices. Good engineering practices for the testing and inspection of controls (including monitoring devices and sensors, alarms, and interlocks) include:
1. The identification and characterization of equipment including flow, level, temperature, and pressure instruments; automatic controls and control valves, transmission systems for measurement and control, electrical power systems for instruments, instrument panels, analyzers and sampling systems.
2. The establishment and implementation of testing and inspection procedures and frequencies; functional testing of protection devices including alarms, interlocks, and control valves; calibration of pressure, temperature, and level gauges; proper support of valves and solenoids; corrosion of equipment and wiring or mechanical deterioration of equipment; and testing and calibration that is required.
The company agrees that the Mechanical Integrity Program will include procedures for the inspection and testing of pumps, compressors, and their drivers that followed good engineering practices. Good engineering practices for the testing and inspection of pumps, compressors, and their drivers include:
1. The identification and characterization of equipment.
2. The establishment and implementation of testing and inspection procedures and frequencies including but not limited to: (1) external inspections of pumps and compressors for external visible defects such as unusual noise and vibration, leaks, misalignment; belts or coupling tension; lubricating oil temperatures and cooling water temperatures and pressure; pressure gages and flow meters for proper performance; cavitation, piping stresses, foundation deterioration, improper operation (excess speed, lack of lubricant, excess temperature or pressure); and (2) internal inspections for erosion, corrosion, cracking, etc.

Item 30: 1910.119((j)(4)(iv)

The company agrees to document each inspection and test that was been performed on process equipment including the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

Item 31: 1910.119(j)(5)

The company agrees to correct equipment deficiencies in a safe and timely manner including, but not limited to:

Armour-flex insulation where appropriate (in high moisture operations).
piping shown through inspection to have reduction of greater than 50% of wall thickness.
Vapor barrier leaks on vessels and piping.
Corroded valve stems.
Inoperable ammonia sensor/alarm (on the control panel in the old engine room).
Defective pressure gauges.
Remove insulation from hand valves.

Item 32: 1910(j)(6)(i)

The company agrees to develop and implement written procedures to assure that appropriate checks and inspections are performed and documented for equipment in the new refrigeration plant (and any future additions and/or equipment) to assure that the installation was consistent with design specifications and the manufacturer’s instructions. Appropriate checks and inspections will include:

Evaluation of the construction contractor Quality Control Plan.
Review/Approval of drawings "For Construction."
Incoming material inspection.
Verification of appropriately qualified craftsmen including welder qualifications and procedures.
Pressure testing.
Resolution of nonconformities.
Identification of baseline inspection data such as thickness readings.
Receipt of equipment data sheets and documentation of tests and inspections.

Item 33: 1910.119(j)(6)(iii)

The company agrees to modify (in accordance with the manufacturer) pressure relief devices for several of the FES compressors in the old machine room to ensure they will not leak to the engine room workplace atmosphere when the relief device activates.

Item 34: 1910.119(l)(1)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (l) - Management of Change.

The company agrees to establish and implement written procedures to manage changes to process chemicals, technology, equipment, procedures and facilities that affect covered processes. These Management Of Change procedures will include:
1. A definition of roles and responsibilities of key personnel including senior management, management of change reviewers, and levels of authorization required.
2. Documentation requirements including the technical basis of the change (i.e., reasons for performing the work, desired results, technical design, and appropriate implementation instructions), the type of safety and health hazard evaluation to perform, requirements to update P&IDs and SOPs.
3. A definition of the scope of the management of change system to include personnel changes, organizational changes, and titles and roles of key personnel on all shifts.
4. Training requirements for personnel initiating and implementing changes and methods of communicating changes to operators, maintenance technicians, engineers and managers prior to operating the unit.
5. Guidelines for special situations such as bypasses of safety or electrical equipment, operating outside of safe operating limits.
The company will ensure that all changes to the ammonia system that require, but did not receive, a Management of Change review, are addressed in the new PHA.

Item 35a: 1910.119(l)(2)(i)

The company agrees that the Management of Change program will address the technical basis for all proposed changes, such as but not necessarily limited to, the reasons for performing the work, desired results, technical design, and appropriate implementation instructions. Further, the company will capture all information for all previous changes during the revision of the entire PSM program. These previous changes include, but are not limited to:

The Blast Freezer relay logic control replacement with a Programmable Logic Control on or about April 14, 1996.
The addition of valves during the replacement of a transfer tank in the engine room on or about 10-4-96.
The addition of valves in the pump-out line for row #6 on or about 11-2-96.
The addition of two six-inch isolation valves in the compressor discharge main line on or about 5-24-97.

Item 35b: 1910.119(l)(2)(ii)

The company agrees that the Management of Change program will address the impact on safety and health for the proposed changes. The company will capture all safety and health impact information for all previous changes during the revision of the entire PSM program. These previous changes include, but are not limited to:

For the Blast Freezer relay logic control replacement with a Programmable Logic Control on or about April 14, 1996.
The addition of valves during the replacement of a transfer tank in the engine room on or about 10-4-96.
The addition of valves in the pump-out line for row #6 on or about 11-2-96.
The 5/24/97 replacement of ammonia mains and installation of two 6" valves.

Item 35c: 1910.119(l)(2)(iii)

The company agrees that the Management of Change program will assure that modifications to operating procedures or the proposed change will be addressed prior to any change. The company will capture all changes to operating procedures for all previous changes during the revision of the entire PSM program. These previous changes include, but are not limited to:

Addition of the new FES screw compressor #8 and IMECO condenser on or about October 21, 1994.
The Blast Freezer relay logic control replacement with a Programmable Logic Control on or about April 14, 1996.
The addition of valves during the replacement of a transfer tank in the engine room on or about 10-4-96.
The addition of valves in the pump-out line for row #6 on or about 11-2-96.
For the addition of two six-inch isolation valves in the compressor discharge main line on or about 5-24-97.

Item 36: 1910.119(l)(4)

The company agrees that the Management of Change program will assure that changes in process information will be updated prior to any change.

Item 37: 1910.119(l)(5)

The company agrees that the Management of Change program will assure that changes in operating procedures or practices will be updated prior to any change.

Item 38: 1910.119(m)(1)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (m) - Incident Investigation.

The company agrees to develop and implement an incident investigation procedure that spells out requirements for investigating each incident which result in, or could reasonably result in a catastrophic release of highly hazardous chemical in the workplace, and which include the following:

Requirements to initiate the incident investigation within 48 hours following the incident.
Requirements to investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release of highly hazardous chemical in the workplace including, but not limited to:
Fatalities
Incidents involving injury to employees
Incidents involving property damage
Fires or explosions and hazardous material releases
Other near-misses such as excursion of process parameters beyond pre-established "critical" control points, activations of emergency shutdowns, releases of material that are classified as environmentally reportable events, and activation of hazard control systems such as safety protective systems (e.g., relief valves, fixed sprinkler systems).
The makeup of the incident investigation team.
The inclusion of contractor employees when they are involved in the incident
The methodology of the incident investigation to thoroughly investigate and analyze the incident.
Training requirements for the team leader and members.
Report requirements and retention.
The system established to promptly address and resolve incident report findings and recommendations, and document resolutions and corrective actions taken.
The methods used to review incident findings with employees whose job tasks are relevant to the findings including contract employees where applicable.

Item 39: 1910.119(m)(3)

The company agrees that the Incident Investigation team will consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to investigate and analyze all incident. The Incident Investigation team should include, but not be limited to: the site safety manager, plant engineer, system operators, and representatives of the Joint Labor/Management Safety and Health Committee.
The company agrees to provide the appropriate training to those personnel participating on the site Incident Investigation Team (as described above) to ensure their ability to adequately and thoroughly investigate, analyze and provide corrective actions to all incidents that occur on site.

Item 40: 1910.119(m)(5)

The company has now resolved the recommendation from the Incident Investigation of 09/15/96 by completing a pipe inspection using radiography. The company agrees to promptly address and resolve all incident investigation report findings and recommendations.

Item 41: 1910.119(o)(1)

The company agrees to meet all criteria established under 29 C.F.R. § 1910.119 (o) - Compliance Audit.

The company agrees to implement a new PSM program with the assistance of an outside consultant, to ensure that procedures and practices developed under the standard are adequate and are followed. In addition, the company will address deficiencies found in previous audits by completing a new PSM program to include all elements of the standard, particularly process safety information (PSI). Time frame for completion is attached in Appendix ‘B’.

Item 42: 1910.119(o)(2)

The company agrees to perform future compliance audits using at least one employee knowledgeable in the process.

Item 43: 1910.119(o)(4)

The company agrees to correct deficiencies in the previous audits that are still not resolved by completing a new PSM Program. The company agrees to verify that all deficiencies from previous audits are addressed during this process including, but not limited to:

Audit Date	Ref. #	Deficiency
5/10/96	PSI A 1 & C 1	PSI not done before PHA
10/25/95	PSI A 3	No Block Flow Diagram
10/25/95	PSI A5, B2, C3	For old system, no documentation equipment complies with good engineering practices.
5/10/96	PHA A5 PHA	does not address previous incidents
10/25/95 PHA	PHA A7, A9, B1, B2	recommendation resolution C5 not documented
10/25/95	SOPA1-A9, B4	None of the SOPs deficiencies SOP C1-C4 were corrected
10/25/95	TRA A5, C2	Consult with employees, refresher training
5/10/96	TRA C1	No documentation of training
10/25/95	CON A2, A5, C6-C7	None of the contractor deficiencies were corrected
5/10/96	CON A3, A4, A6, A8, A13, B1-B2, C1-C5	None of the contractor deficiencies were corrected
5/10/96	MI A3	No documentation of MI training
12/17/96	MI C1, C2, C7, C8	Inspection and Test Procedures follow good engineering practice
12/17/96	MOC A1	Review of MOC written procedures
	MOC A9	SOPs not valid
5/10/95	MOC A8	PSI not updated
5/10/96	IN IV A5	Not system to resolve findings
	IN IV A6	No documentation of resolution
10/25/95	EAP C2	No first responder training
5/10/96	EAP A5	Review to determine if it covers small releases
	EAP A7	Determine if it meets requirements of 1910.120

In addition, the company agrees to review exit lighting in the engine rooms by November 1, 1997 as noted in the audit conducted 05/10/96, item ‘EAP B4'.

Item 44: 1910.132(d)(1)

The company agrees to, in conjunction with developing new standard operating procedures, assess the hazards presented by potential exposure to liquid or vapor ammonia exposures to operating engineers during operations such as but not necessarily limited to line breaking, valve replacement, spill response, pipe and equipment leak repair. The company will determine if the hazards present necessitate the use of personal protective equipment.

This will be in place by December 1, 1997 with the other elements of the PSM program.

Item 45: 1910.134(b)(1)

The company agrees to revise the current respiratory protection program to include written procedures governing the selection and use of all respirators used on site by December 1, 1997.
The company agrees to address procedures for the selection and use of respiratory protection when performing emergency response operations to chemicals present on site including Carbon Dioxide, and Sulfuric Acid. This will be in place by December 1, 1997.

Item 46: 1910.134(b)(8)

The company agrees to revise the respiratory protection program to ensure air monitoring is performed prior to response to the area by unprotected employees. The company will also ensure that appropriate respiratory protection is provided to employees, and those employees are also trained in its use, care and storage.

This will be in place by December 1, 1997.

Item 47: 1910.147(c)(3)(i)

The company will develop and implement written procedures to ensure operators performing routine adjustment to the Shearmatic machine are protected and the requirements of the lockout standard are met as follows:

The company will develop a procedure for the adjustment of the Shearamatic which allow employees to perform normal, routine operational adjustments to the unit without risk of exposure to the operational hazards of the unit. The company will ensure that the appropriate employees are properly trained in the use and application of this procedure.
The company will require full lockout of the Shearamatic unit for any of the aforementioned operational adjustments until such time as the referenced procedure(s) are developed and implemented and the appropriate employees are trained in its use.

This will be in place by October 15, 1997.

Item 48: 1910.147(c)(4)(ii)

The company agrees to develop and train employees on an adjustment procedure for the Shearamatic machine located in the TRM Stuffing Department. The written procedures will describe minor adjustments to be made to the machine without removing guards from the machine. These adjustments will be conducted under the provisions for normal operational adjustments as defined in the lockout standard.

In addition, a lockout procedure will be developed to address the procedures to be used by the sanitation crew for equipment clean-up operations whereby the machine is isolated from the air supply by disconnection of the Hansen quick disconnect.

This will be in place by October 15, 1997.
The company agrees to modify the lockout procedure for the Bolo Cozzini Vacuum Hopper & Mill located in the TRM Stuffing Department, to address:
1. isolation of the pneumatic pressure through closing of the air line valve and placing a lock on it followed by relieving air pressure in the line by opening the valve located on the bottom of the air dryer/separator and then verifying relief of air pressure by using the attached air pressure gauge
2. placement of the lid support latches to lock the lid in the open position.
This will be in place by November 8, 1998.
(& d.) The company agrees to create lockout procedures that detail the rules and techniques for control of hazardous energy for the ammonia refrigeration equipment including, but not limited to:
These will be incorporated in Standard Operating Procedures and in place by June 26, 1998 consistent with the other elements of the PSM program.

The company agrees to modify the lockout program to incorporate specific procedural steps to cover shift change transfer of lockout or tagout devices, and the responsibility for them; for operators performing preventive maintenance and repair on ammonia refrigeration equipment which utilizes both locks and/or tags.

This will be in place by January 8, 1998

Item 49: 1910.147(c)(6)(1)

The company agrees to inspect the energy control program on at least an annual basis to assure that deviations from the program or inadequacies with the program were identified and corrected. The first evaluation will be complete by January 8, 1998.

Item 50: 1910.165(b)(2)

The company agrees to update the employee intercom system to ensure it is audible in all areas of the plant. The intercom system is used as the alarm system. Modifications will be in place by:

Cage Wash Area	October 4, 1997
Acid Wash Area	September 6, 1997
Browning Room	October 4, 1997
Cryovac Area	October 4, 1997
New Spice Room	October 4, 1997

Item 51a: 1910.303(f)

The company agrees to identify and properly label all electrical feed panels by March 1, 1998.

Item 51b: 1910.303(q)(2)(i)

The company corrected the open electrical disconnect box at time of inspection.
The company replaced the latch on the backside electrical access door to the control panel on September 19, 1997.

Item 52a: 1910.304(f)(4)

The company removed the fan missing the ground pin in the new engine room from service at time of inspection. The unit was repaired prior to being returned to service.

Item 52b: 1910.305(j)(2)(ii)

The four prong receptacle for the reeves drive in the Sizzling (R) area was replaced with one rated for water tightness on August 30, 1997.

Item 52c: 1910.305(a)(1)(iii)(G)

The outer insulation missing on the cord exposing employees on the Shearmatic was repaired at time of inspection.

Item 53: 1910.147(c)(7)(i)

The company agrees to modify the lockout program and training for employees operating the Shearmatic as follows:

Put in place standard guards on all five machines (completed August 20, 1997).
Re-train all operators in machine operation and maintenance (completed on the machine from the manufacturers representative).
A manual will be developed detailing all procedures involving the Shearmatic. This will be in place by October 15, 1997.
Training sessions will be provided to all affected employees on the procedures contained within the operator manual. Employee feedback will be used to gauge the length of the training session and the need for refresher training in the future. This will be in place by November 1, 1997.
The company will develop and implement written procedures to ensure operators performing routine adjustment to the Shearmatic machine are protected and the requirements of the lockout standard are met as follows:
1. The company will develop a procedure for the adjustment of the Shearamatic which allow employees to perform normal, routine operational adjustments to the unit without risk of exposure to the operational hazards of the unit. The company will ensure that the appropriate employees are properly trained in the use and application of this procedure.
2. The company will require full lockout of the Shearamatic unit for any of the aforementioned operational adjustments until such time as the referenced procedure(s) are developed and implemented and the appropriate employees are trained in its use.
  
  These procedures will be in place by October 15, 1997.


	What's New \| Offices
Home Workers Regulations Enforcement Data & Statistics Training Publications Newsroom Small Business