OSHA Inspection: RINCHEM COMPANY, INC.

Issued

2019-01-11 00:00:00

Abate by

2019-04-12 00:00:00

Penalty

Initial $9239.00 · Current $7390.00 Reduced

Hazardous substances 1907

General-duty citation text

OSH ACT of 1970 Section (5)(a)(1): 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 in that employees were exposed to hazardous atmospheres generated by the accidental release of highly toxic chemicals due to the lack of a ventilation system that complies with recognized and generally accepted good engineering practices (RAGAGEP):    a)  On or about August 7, 2018, and at times prior, the employer, Rinchem Company Inc., did not protect employees from potentially hazardous atmospheres generated by the accidental release of toxic chemicals (including but not limited to: Chlorine, Phosphine, or Ammonia) in the gas storage building due to the following:    1.  The employer, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.4.2, when the exhaust intake for heavier-than-air compressed gasses, such as Chlorine or Phosphine, was not located within 12 inches of the floor of the compressed gas storage building.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to the lack of exhaust vents located within 12 inches of the floor for heavier-than-air compressed gasses.     2.  The employer, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.4.3, when the exhaust intake for lighter-than-air compressed gasses, such as Ammonia, was not located within 12 inches of the ceiling of the compressed gas storage building.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to the lack of exhaust vents located within 12 inches of the ceiling for lighter-than-air compressed gasses.    3.  The employer, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.4.4 when the ventilation system for the indoor storage of compressed gasses in the compressed gas storage building was not designed to allow for air movement across all portions of the floor or ceiling of the room or area to prevent accumulation of vapors within the ventilated space.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to permanent fixtures such as concrete barriers obstructing air movement.    4.  The employer, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.5 when the exhaust ventilation for compressed gasses, such as Ammonia, Chlorine, and Phosphine, was recirculated in the compressed gas storage facility.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to the recirculation of air in the compressed gas storage facility when an uncontrolled release occurs.

Issued

2019-01-11 00:00:00

Abate by

2019-04-12 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1907

General-duty citation text

29 CFR 1910.119(d)(3)(ii): The employer did not document that equipment complies with recognized and generally accepted good engineering practices (RAGAGEP):    (a)  On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.4.2, when the exhaust intake for heavier-than-air compressed gasses, such as Nitrogen Trifluoride or Dichlorosilane, was not located within 12 inches of the floor of the compressed gas storage building.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to the lack of exhaust vents located within 12 inches of the floor for heavier-than-air compressed gasses.    (b)  On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.4.4 when the ventilation system for the indoor storage of compressed gasses in the compressed gas storage building was not designed to allow for air movement across all portions of the floor or ceiling of the room or area to prevent accumulation of vapors within the ventilated space.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to permanent fixtures such as concrete barriers obstructing air movement.    (c)  On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not document compliance with RAGAGEP such as, but not limited to, NFPA 55 (2016), Section 6.16.5 when the exhaust ventilation for compressed gasses, such as Nitrogen Trifluoride or Dichlorosilane was recirculated in the compressed gas storage facility.  Employees are potentially exposed to hazardous environments such as explosive, flammable, or corrosive atmospheres during an uncontrolled release due to the recirculation of air in the compressed gas storage facility when an uncontrolled release occurs.    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certificate of Corrective Action Worksheet).

Issued

2019-01-11 00:00:00

Abate by

2019-01-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

General-duty citation text

29 CFR 1910.119(j)(2): The employer did not establish written procedures to maintain the on-going integrity of process equipment:    a) On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not establish written procedures to maintain the on-going integrity of process equipment.  Employees were potentially exposed to explosive, flammable, or hazardous atmospheres generated by an accidental release of compressed gasses (including but not limited to: Nitrogen Trifluoride or Dichlorosilane) as a result of lack of a written procedures for maintaining the on-going integrity of systems, including but not limited to the gas monitoring system in the compressed gas storage building.      Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certificate of Corrective Action Worksheet).

Issued

2019-01-11 00:00:00

Abate by

2019-01-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1907

General-duty citation text

29 CFR 1910.119(j)(3): The employer did not train employees, or contract employees, involved in maintaining the on-going integrity of process equipment in an overview of the inspection process and the procedures required to perform the employee's job tasks:    a) On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not train employees on maintaining on-going integrity of process equipment used to detect releases of hazardous chemicals.  Employees were potentially exposed to explosive, flammable, or hazardous atmospheres generated by a release of compressed gasses (including but not limited to: Nitrogen Trifluoride or Dichlorosilane) while entering the compressed gas storage building when gas sensors were in fault mode.  Employees were not trained on actions to take if a gas sensor was in fault mode, leading to employees potentially entering a hazardous environment due to inoperable monitoring equipment.    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certificate of Corrective Action Worksheet).

Issued

2019-01-11 00:00:00

Abate by

2019-02-14 00:00:00

Penalty

Initial $7391.00 · Current $5912.00 Reduced

Hazardous substances 1907

General-duty citation text

29 CFR 1910.119(d): The employer did not complete a compilation of written process safety information, including information pertaining to the hazards of the highly hazardous chemicals used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process before conducting the process hazard analysis:    (a) On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not have a compilation of written process safety information including but not limited to: information pertaining to the technology, information and the equipment of the process (such as the ventilation system design, design codes and standards employed, gas monitoring safety systems, documentation of compliance with recognized and generally accepted good engineering practices, and documentation that existing equipment is designed, maintained, inspected, tested, and operating in a safe manner). The inventory at the Colorado Springs, CO facility rose above threshold limits for storage of hazardous chemicals such as Nitrogen Trifluoride and Dichlorosilane.  Lack of a compilation of written process safety information potentially exposed employees to unwanted releases while shipping, receiving, and storing hazardous chemicals.     Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certificate of Corrective Action Worksheet).

Issued

2019-01-11 00:00:00

Abate by

2019-01-31 00:00:00

Penalty

Initial $0.00 · Current $0.00

Hazardous substances 1907

General-duty citation text

29 CFR 1910.119(e)(1): The employer did not perform an initial process hazard analysis (hazard evaluation) on processes covered by 29 CFR 1910.119:    (a) On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not perform an initial process hazard analysis on warehouse operations.  The Rinchem facility in Colorado Springs, CO, stores and distributes hazardous chemicals such as Nitrogen Trifluoride and Dichlorosilane above threshold quantities.  Lack of process hazard analysis potentially put employees at risk as employees would not be aware of some or all of the critical failure points while performing daily tasks.    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certification of Corrective Action Worksheet).

Issued

2019-01-11 00:00:00

Abate by

2019-01-31 00:00:00

Penalty

Initial $7391.00 · Current $5912.00 Reduced

Hazardous substances 1907

General-duty citation text

29 CFR 1910.119(f)(1): The employer did not develop and implement written operating procedures that provided clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and which address the elements listed in 29 CFR 1910.119(f)(1)(i) through (f)(1)(v):     (a) On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not develop and implement written operating procedures that provided clear instructions for receiving, storing, and shipping of compressed gasses that elevated quantities of chemicals stored above threshold quantities stated in 29 CFR 1910.119, Appendix A (including but not limited to: Nitrogen Trifluoride or Dichlorosilane).  Employees were potentially exposed to injury due to a lack of operating procedures for tasks including but not limited to monitoring of inbound shipments for unwanted release of hazardous material.    Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certificate of Corrective Action Worksheet).

Issued

2019-01-11 00:00:00

Abate by

2019-02-14 00:00:00

Penalty

Initial $7391.00 · Current $5912.00 Reduced

Hazardous substances 1907

General-duty citation text

29 CFR 1910.119(n): The employer did not establish an emergency plan for the entire plant in accordance with the provisions of 29 CFR 1910.38 and 29 CFR 1910.120:    (a) On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not establish an emergency action plan in accordance with the provisions in 29 CFR 1910.38(d).  29 CFR 1910.38(d) requires that "[...]The employee alarm system must use a distinctive signal for each purpose [...]"  Employees were potentially exposed to injury from hazardous chemical spills for chemicals stored above the threshold quantity stated in 29 CFR 1910.119, Appendix A (including but not limited to: Nitrogen Trifluoride or Dichlorosilane) due to the lack of a distinct alarm signal for chemical spills in the main warehouse.    (b)  On or about August 7, 2018, and at times prior, RinChem Company, Inc. did not establish an emergency action plan in accordance with the provisions in 29 CFR 1910.120(q)(2)(iii).  29 CFR 1910.120(q)(iii) requires that emergency action plans address "Emergency recognition and prevention."  Employees were potentially exposed to injury from hazardous chemical spills for chemicals stored above the threshold quantity stated in 29 CFR 1910.119, Appendix A (including but not limited to: Nitrogen Trifluoride or Dichlorosilane) while cleaning up spills of unknown material in the main warehouse.     Abatement Note: Abatement certification and documentation are required for this item (see enclosed Certificate of Corrective Action Worksheet).