Region 2 News Release: 11-642-NEW/BOS 2011-163
May 5, 2011
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov

US Labor Department's OSHA cites DuPont's Yerkes Plant and Buffalo
contractor following fatal explosion for welding, hazardous energy violations

BUFFALO, N.Y. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited the E. I. DuPont De Nemours Co. Yerkes Plant and a contractor in Buffalo for a combined total of 17 serious violations of workplace safety standards following a fatal explosion at the plant in November 2010.

An employee of contractor Mollenberg-Betz Inc. was performing welding atop a 10,000 gallon slurry tank when hot sparks ignited flammable vapors inside the tank, causing an explosion that killed him and injured another Mollenberg-Betz employee. The slurry tank was supposed to be empty but was still connected to two operating slurry tanks, and flammable vapors seeped through the interconnected piping system into the tank on which the employee was working.

"This death and injury graphically underscore how vitally important it is that employers anticipate the hazards associated with welding in potentially explosive atmospheres, and institute all protective measures before allowing such work to begin," said Arthur Dube, OSHA's area director in Buffalo.

OSHA cited both companies for allowing welding to be conducted in an explosive atmosphere; performing welding without disconnecting or blanking the pipelines to the tank; not venting all containers to permit escape of gasses prior to welding; not ensuring that the tanks had been thoroughly cleaned to be absolutely certain that no flammable materials were present; failing to schedule the work so that it would not be conducted during plant operations that might expose combustibles to ignition; and not determining the hazardous areas present or likely to be present in the work location.

Mollenberg-Betz also was cited for not verifying that the slurry tank was empty before welding began and for a lack of specific hazardous energy control procedures. DuPont also was cited for incomplete hazardous energy control procedures; not inserting blanks or blinds in the interconnected slurry tank overflow line to prevent transmission of flammable vapor into the slurry tank; not informing Mollenberg-Betz of potential explosion hazards related to hot work on the slurry tank; not informing Mollenberg-Betz of the plant's hazardous energy control program; and using unapproved electrical equipment in a hazardous location.

DuPont's Yerkes Plant was cited for nine violations with $61,500 in proposed fines while Mollenberg-Betz was cited for eight violations with $55,440 in fines. 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.

"An injury and illness prevention program, in which employees and management work together to proactively identify and eliminate hazardous conditions on a continual basis, is a powerful tool for preventing needless and preventable incidents such as this one," said Robert Kulick, OSHA's regional administrator in New York.

Information on welding hazards and safeguards is available online at http://www.osha.gov/SLTC/weldingcuttingbrazing/index.html, and information on hazardous energy control can be found at http://www.osha.gov/SLTC/controlhazardousenergy/index.html.

Each employer has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Buffalo Area Office; telephone 716-551-3053.

To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.