Text For Citation: 01 Item/Group: 003 Hazard: REFINERY

29 CFR 1910.119(e)(5): The employer did not establish a system to promptly address the team's findings and recommendations to assure that the recommendations were resolved in a timely manner and that the resolution was documented: a) The employer does not ensure that hazardous conditions, as determined by Hazard analysis, are promptly addressed in a reasonable and timely manner. On or about December 3, 2004 until present, the employer failed to address employee (i.e. operator) exposure after determining that employee operators housed in the Operator Control House #3 were exposed above the threshold of acceptable risk in the event of a vapor cloud explosion. This exposed these employees to the hazards of fire and explosion. Pursuant to 20 CFR 1903.19, within (10) calendar days of the abatement date listed in this citation, the employer must submit an abatement plan describing the actions it is taking to ensure that it addressing the hazardous facility siting location of Operator Control House #3. The violation must be abated no later than 30 days from receipt of this citation. b) The employer does not ensure that resolutions to the process hazard analysis team's findings and recommendations is established. This violation was found on July 05, 2010, at Motiva Enterprises LLC, Convent, LA, when the employer did not document resolutions to findings and recommendations and/or recorded inappropriate answers before closing the action items. For example, several PHA team's findings and recommendations from the H-Oil Unit 2003 and 2007 are still unresolved or status is unknown and/or not complete. Such items include , but are not limited to: 1) 2003 PHA, Node 122; 2) 2003 PHA, Node 152; 3) 2003 PHA, Node 147; 4) 2003 PHA, Node 153; 5) 2003 PHA, Node 175; 6) 2007 PHA, Node 110.1.1.2.1; 7) 2007 PHA, Node 113.1.2.2.1; and 8) 2007 PHA, Node 121.13.1.1.1. Pursuant to 29 CFR 1903.19 within 10 calendar days, the employer must submit an abatement plan describing the actions it is taking to ensure that appropriate resolutions are determined and documented for each findings and recommendations addressed from the 2003 and 2007 PHA. The violation must be abated no later than 30 days from receipt of this citation.