OSHA released the following information:
- The catastrophic accident at the Imperial Sugar Refinery in Port Wentworth, Georgia, occurred on February 7, and killed 13 and injured another 40 employees.
- OSHA responded immediately. The Agency’s field office in Savannah, Georgia dispatched two compliance officers and opened its investigation within two hours.
- Over the course of the investigation, OSHA sent 18 personnel under the supervision of senior staff – including two attorneys from the Department of Labor’s Solicitor’s Office and an explosives expert from the National Office – to the site. In addition, OSHA retained an outside expert on combustible dust to provide technical assistance.
- On March 7th OSHA sent a letter to Mr. John Sheptor, the CEO of Imperial Sugar, advising him of the seriousness of the combustible dust issue and that Imperial Sugar needed to take appropriate corrective actions to address any possible combustible dust hazards at its other refinery in Gramercy, Louisiana.
- On March 14th, OSHA initiated a separate inspection at the Gramercy refinery. On the first day of the on-site inspection, OSHA’s compliance officers (CSHOs) discovered massive quantities of combustible dust in the powder mill that also contained potential ignition sources. OSHA posted an imminent danger notice – another extremely rare action that resulted in a temporary shut-down of the mill.
- The Port Wentworth investigation resulted in proposed penalties of more than $5 million in citations alleging 69 willful citations, 61 of which were instance-by-instance violations of OSHA standards directly related to reducing the risk of combustible dust explosions.
- At the close of the Gramercy inspection, OSHA issued citations alleging 49 willful (47 instance-by-instance) and 42 serious violations, and proposing penalties of more than $3.7 million.
- The cases against both Imperial Sugar refinery sites resulted in a combined total proposed penalty of more than $8.7 million, the third highest proposed penalty in the Agency’s history.
- The company was aware of what the combustible dust hazards were and they did not take the necessary steps to abate these hazards.
Definitions of OSHA violations:
If OSHA concludes an investigation and finds violations of its safety and health standards, the agency issues "citations" for the violations. OSHA has three classifications of citation:
- Serious: issued when death or serious physical harm is likely to result if an accident occurs as a results of a violation
- Willful: violation committed with plain indifference to, or intentional disregard for, employee safety and health
- Egregious: issued where OSHA finds the employer has committed particularly flagrant violations of the OSH Act of OSHA standards
Proposed Citations:
61 Egregious willful - penalties total $4,270,000
- 12 instances of violations of the OSHA housekeeping regulation
- 44 instances of violations of the electrical equipment regulation
- 5 instances of violations of the powered industrial trucks regulation
8 Willful violations - penalties total $560,000
- Explosion prevention systems
- Dust collection deficiencies
- Floor scrubbers not classified for the area
- Fall Protection standard
- Unguarded belt & pulley
51 Serious violations - penalties total $232,000
- Dust collection system installed improperly
- Masonry construction of exterior wall in powder room
- Conveyor belts with no sensors
- Maintenance of boilers
- Stairs & ladders
- Egress - employees work too far away from emergency exits
- Manlifts
- Fire extinguishers
- Machine guarding
- Welding
- Electrical
- Lead (exposure)
- Maritime
Breakdown of proposed OSHA penalties:
Total: $8,777,500 - third largest penalty in the history of OSHA
Port Wentworth facility - $5,062,000
- Egregious: $4,270,000
- Willful: $560,000
- Serious: $232,000
Gramercy, Louisiana, facility - $3,715,500
- Egregious (47) - $3,290,000
- Willful (2) - $140,000
- Serious (42) - $249,500
- Serious (7) citations issued in March 2008 - $36,000
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