Text For Citation: 01 Item/Group: 023 Hazard: REFINERY

29 CFR 1910.119(j)(5): The employer did not correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation: The employer does not ensure employees are protected from falling chunks of fireproofing and fire/explosion/toxic hazards where fireproofing material is not maintained in good repair. This violation was observed on or about February 4, 2009 throughout the battery limits of the Crude Unit (CDU) and Fluid Catalytic Cracking Unit (FCCU), fireproofing for structural steel supporting process equipment was found to be cracked, falling apart, missing, deteriorating and generally in a state of disrepair for areas such as the pipe rack vertical support members (CDU), vertical structure supports at debutanizer structure (CDU), base shoe type supports at EA-23 (CDU), and various portions of the steel structure supporting the FCCU regenerator (multiple stories high). The fire control and disaster mitigation design purpose of the fireproofing is not effective due to its state of disrepair. Further, the condition presents avenues for corrosive elements to impart deteriorating action on underlying structural steel and presents overhead falling object hazards from falling chunks of fireproofing. Pursuant to 29 CFR 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation describing the actions it is taking to ensure fireproofing material is maintained and structural steel supporting process equipment is properly protected from fire and corrosion. IN THE ALTERNATIVE: Section 5(a)(1) of the Occupational Safety and Health Act of 1970: The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees exposed to the hazard of struck-by, fire, explosion and toxic inhalation associated with the deterioration of fireproofing material on structural supporting steel in refinery process units. Among other methods, feasible and acceptable abatement of this hazard includes the installation, maintenance, repair and inspection of fireproofing materials for structural steel in accordance with standards such as UL 1709, API 2218, NFPA, manufacturer of fireproofing material, equipment engineering standards and common industry practice.