Violation Detail
Standard Cited: 5A0001 OSH Act General Duty Paragraph
Inspection Nr: 309711877
Citation: 02001
Citation Type: Unclass
Abatement Status: X
Initial Penalty: $55,000.00
Current Penalty: $46,187.50
Issuance Date: 07/19/2007
Nr Instances: 1
Nr Exposed: 15
Abatement Date: 08/21/2007
Gravity: 03
Report ID: 0728500
Contest Date: 08/02/2007
Final Order: 01/03/2008
Related Event Code (REC): R
Emphasis:
Substance: B595
Substance: M250
| Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
|---|---|---|---|---|---|---|
| Penalty | F: Formal Settlement | 01/03/2008 | $46,187.50 | 08/21/2007 | Unclass | |
| Penalty | Z: Issued | 07/19/2007 | $55,000.00 | 08/21/2007 | Willful |
Text For Citation: 02 Item/Group: 001 Hazard: CHEMICAL
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: (a)In that employees at the distribution facility located at 910 N. Prospect Ave., Kansas City, Missouri, were exposed to the hazard of explosion and fire due to the improper handling and storage of Indopol, a Class III B combustible liquid, that was unstable at elevated temperatures. The Indopol chemical was Polybutene, an Isobutylene/Butene Copolymer which decomposed at elevated temperatures into a flammable atmosphere. The liquid was required to be handled and stored at elevated temperatures due to the product viscosity characteristics. The employer stored two Indopol grades (H-100 and H-300) in the 10,000 gallon compartments of a horizontal, insulated, 20,000 gallon capacity, above ground storage tank. Each tank compartment contained a flanged immersion heater that was operated in order to elevate the temperature of the Indopol to approximately 225 to 250 degrees Fahrenheit so the liquid could be transferred to drums, portable storage tanks, or trailer tanks for shipment to customers. The employer did not heed hazard warnings that were published in the manufacturer's material safety data sheet (MSDS) regarding the unstable properties of Indopol Polybutene when handled and stored at elevated temperatures. Those hazard warnings included, but were not limited to, depolymerization characteristics, requirements for inert gas blanketing during storage, short and long term maximum storage temperatures, and avoidance of ignition conditions. The employer did not heed the warnings published in the MSDS even though the warnings were passed on to customers by the employer via printed and electronic methods. On, or about February 7, 2007, an explosion and fire occurred inside, or in the vicinity of the Indopol tank during, or after employees transferred Indopol H-300 out of tank compartment 41. The explosion and fire resulted in serious injuries to two employees and catastrophic loss of the facility. Among other methods, one feasible and acceptable abatement method to correct this hazard is to undertake the following steps; Follow the Indopol manufacturer's warnings published in the material safety data sheet and the transportation, handling, and storage guide in order to prevent the unstable decomposition of the Polybutene Copolymer to a flammable atmosphere at elevated temperatures and to prevent ignition of any flammable atmosphere that may be generated. Do not store Indopol for prolonged periods of time at temperatures of 60 degrees Celsius (140 degrees Fahrenheit) and above. Exclude oxygen by use of a nitrogen blanket to prevent ignition of a flammable atmosphere in the tank head space. Install a let down pressure regulator and pressure/vacuum valve to maintain tank pressure. Do not use a heating system that may generate localized hot spots at temperatures above 200 degrees Celsius (392 degrees Fahrenheit). Do not store Indopol grades H-100 and H-300 above the recommended maximum storage temperature of 120 degrees Celsius (248 degrees Fahrenheit). Install temperature gauges to determine the temperature of the Indopol. Install a high temperature cut off switch on the flanged immersion heater so the Indopol does not exceed the recommended storage temperature. Operate the flanged immersion heaters in accordance with manufacturer's recommendations. Do not allow the heater to operate when the level of the Indopol is at, or below the heater element tubes. Install a liquid low level indicator, alarm, and automatic heater shutoff for conditions when the level of the Indopol is at the level where the heater shall be shut off. Inspect and maintain the above ground storage tank in accordance with NFPA 30 Flammable and Combustible Liquids Code, 2003 Edition, Section 4.6.7 and Steel Tank Institute SP001-3. Conduct periodic internal inspection and testing of the tank to detect corrosion, cracks, or other defects. Inspect and maintain the flanged immersion heaters in accordance with manufacturer's recommendations that include heater element tube inspection, and heater control testing. Abatement certification is required for this violation (using the CERTIFICATION OF CORRECTIVE ACTION WORKSHEET), and in addition, documentation demonstrating that abatement is complete must be included with your certification. This documentation may include, but is not limited to, evidence of the purchase or repair of the equipment, photographic or video evidence of abatement, or other written records.
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