Notes and Video from OSHA News Conference on Imperial Violations

Watch the attached video to the left for the first (presentation) portion of the July 25 press conference (about 25 minutes long). The second half (question and answer) portion will be posted separately here on the sugar plant explosion page.



Notes from Press Conference:



$8,777,500 total amount of fines

$5,062,000 for Port Wentworth, $3,715,500 for Gramercy.



Citations include 108 willful violations related to combustible dust hazard including failure to clean up dust and not using appropraite equipment or safeguards where combustible dust is present. Osha has issued 10 citations for other willful violations, 100 citations for serious violations and 4 citations for other than serious safety and health violations.



Company has 15 days to contest citations and proposed penalties



Foulke: could have been prevented if -4 had complied with existing safety and health standards



Foulke: senior management was fully aware of combustible dust hazards in their facilities but did not take appropraite steps to eliminate these hazards



Foulke: (conditions at Gramercy) combustible dust hazards were so widespread that I am convinced that our actions prevented a second terrible accident at the gramercy facility



Port Wentworth violations include failure to clean accumulations of combustible dust from surfaces and floors, pieces of spark producing and non dustproof electrical equipment in combustible dust areas, use of power operated industrial trucks that were not approved for use in combustible dust areas.



Likely cause of initail explosion: the east packaging production bucket elevator which put more combustible dust in the atmosphere. This provided fuel for secondary explosions in silo gallery and the tunnel.



We determined the likely cause of the explosion was a packaging area by the elevator. Initial explosion caused the suspension of dust particles which provided fuel to the tunnel, the top of the silos...



Senior management of Imperial Sugar Company was aware of the combustible dust prior to February 7th…they also did not follow up.



Gramercy:



5 weeks after the Port Wentworth explosion, OSHA still found dust. The notice of emminent danger informed employees, Imperial Sugar cooperated with OSHA and shut down the plant.



10 locations at Gramercy, of combustible sugar dust.



OSHA issued citations for Imperial’s housekeeping standards at these 10 locations. Imperial Sugar was cited for where equipment didn’t remove combustible dust.



5 instances cited for lack of explosion protection.



Investigation at Gramercy complete.



What happens next?

We did deliver the citations to them, we did explain their rights and responsibilities so they know what they have to do next. They have 15 business days to contest the violations and penalties. They can also request an informal conference, a meeting, where informally OSHA can discuss the different aspects of the violations and how the case can be informally resolved.



If Imperial contests, it will go to OSHA’s solicitor’s office and be contested before a judge.



In October of 2007 OSHA did describe a program for combustible dust. In region 4 and region 6, Imperial did not appear on that list yet. Imperial Sugar did not come up on our list yet and that’s why it had not been inspected. Employers have steps they need to follow. It is the responsibility of the employer to ensure that the work place is safe.



They had specific knowledge of the problems, a potential dust problem and a potential explosion problem.



OSHA: At the meeting this morning, they (Imperial Sugar) presented letters of contest.



OSHA: We sent out 30,000 letters to employers who have combustible dust to raise their awareness, to help them understand the hazard. Every office across the country is conducting at least 4 inspections throughout the year.



OSHA: We have to, by law, have a reason to go on. We inspect about 2,000 per year.



These were large investigations, we did have to subpoena documents, subpoeno testimony.



What we theorize may have happened is that as the buckets dragged through the sugar, which is attached to a resin belt, a box, the dust within that bucket elevator system, it may have ignited and caused multiple explosions throughout the facility. Our theory is that a bucket came loose and ignited the suspended sugar.



There were a lot of hazards in this facility and at the Gramercy facility.



It’s an employer’s responsibility to comply with our standards. What OSHA does is spot checks.



Press Conference Completed.