Text For Citation: 01 Item/Group: 029 Hazard: REFINERY

29 CFR 1910.119(n): The employer did not establish and implement an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38: a) The windsock by the main entrance was torn and not in proper operating condition, exposing employees to possible smoke or chemical inhalation, explosions and fires. This violation was observed on or about February 10, 2009, at the Sinclair Tulsa Refinery. b) The windsock by the main entrance was not illuminated at night, exposing night shift employees to possible smoke or chemical inhalation, explosions and fires. This violation was observed on or about April 2, 2009, at the Sinclair Tulsa Refinery. c) Windsocks could not be seen from all points within the Crude Unit, exposing employees to possible smoke or chemical inhalation, explosions and fires. This violation was observed on or about April 1, 2009 at the Sinclair Tulsa Refinery. d) Emergency procedures do not evaluate and provide for use of control rooms at the FCCU and CDU as safe havens or shelter in place locations where operators are required to stay in the control rooms to take mitigating actions during emergency upset conditions; employees are exposed to smoke or chemical inhalation, explosions and fires where control rooms are not equipped with toxic or hydrocarbon detection systems, life support systems such as supplied air, and self-contained breathing apparatus are not maintained in sufficient quantity for the personnel exposed. e) The employer does not include a procedure in its emergency action plan/emergency response plan that instructs employees on how to distinguish between small releases and spills versus large releases or spills; and what employee actions are required in both instances. This violation was observed on or about February 4, 2009, where refinery personnel and the employer's emergency plans could not provide procedures for handling small releases. Pursuant to 29 CFR 1903.19, within ten (10) calendar days of the date of this citation, the employer must submit documentation showing that it is in compliance with the standard, including describing the steps it is taking to ensure that windsocks are maintained in proper operation condition, windsocks are illuminated at night, and are in plain sight from all points within the refinery, and emergency actions for all personnel are properly determined with provisions for emergency equipment. In addition, the employer must describe the steps it is taking to ensure the emergency action plan/emergency response plan describes the various hazardous substances on site that have the potential to cause an emergency; defines the types of releases that could potentially require an emergency response and defines what types of releases would not be an emergency; instructs employees on how to distinguish between small releases and spills versus large releases and spills; instructs employees on required actions in both instances; and ensures employees are trained on the actions they are to take.