Wednesday, November 18, 2015

Report Finds 85 Fatalities in The Chemicals Industry Last Year

Report Finds 85 Fatalities in The Chemicals Industry Last Year

Fri, 11/06/2015 - 3:38pm
Andy Szal, Digital Reporter

A British chemical engineering group said this week that serious accidents in the U.S. chemical and processing industries resulted in 85 fatalities and more than 600 serious injuries in 2014.

The Institution of Chemical Engineers, a professional membership organization, surveyed media coverage of explosions, fires and other incidents in the U.S. last year.

The analysis found 228 separate incidents in chemical manufacturing and a number of related industries, including mining, refining, food processing, biotechnology, wastewater treatment, and oil and gas exploration and production.

"Many of these incidents commanded just a few column inches, but there are 75 reports that detail fatalities," said Andy Furlong, the group's policy director. "Each one is a grim human tragedy that could have been avoided, had the appropriate safety arrangements been in place."

The group also announced plans to bring its safety training course to the U.S. for the first time;  courses will be held in Texas, California and Pennsylvania starting next week.

Preliminary numbers released by the Occupational Safety and Health Administration in September showed 27 fatalities in chemical manufacturing last year but 142 in oil and gas extraction alone.

Monday, November 16, 2015

NFPA 652 - new combustible dust standard - National Fire Protection Association Blog

National Fire Protection Association Blog

NFPA 652 - new combustible dust standard

Susan Bershad is a Senior Chemical Engineer in the Industrial and
Chemical Engineering division at NFPA® and is also the staff liaison for
the Combustible Dust project.
Susan has been working diligently on NFPA 652 which has the following
scope: “This standard shall provide the basic principles of and
requirements for identifying and managing the fire and explosion hazards
of combustible dusts and particulate solids.”

I had a few minutes to talk to Susan about the challenges and importance of the document and about a training event she is hosting on December 3 about NFPA 652.

Q: What was your biggest technical challenge with updating the NFPA 652?
A: The biggest challenge for the committee with NFPA
652 was identifying those requirements that are fundamental to all
facilities and processes where combustible dust hazards are possible.

Q: How is NFPA 652 different from NFPA 654?
A: NFPA 652 provides the fundamental requirements
for all industries with combustible dust hazards.  While NFPA 654 is
more general than the other commodity-specific standards, its focus is
directed towards the chemical processing industry.  NFPA 652 now
provides a baseline for all other industries, while, as a
commodity-specific standard, NFPA 654 contains additional requirements
that go beyond those in NFPA 652.

Q: Why is training needed for combustible dust hazards?
A: This training is needed to develop an
understanding of the hazards of combustible dust.  A leading cause of
incidents involving combustible dust is a lack of awareness of the
hazards.  The new 652 standard contains the fundamental requirements for
identifying and managing the hazards of combustible dust.  It works
with the existing commodity and industry specific standards to provide a
comprehensive framework for managing hazards associated with
combustible dust.

Q: Who should attend this training?
A: Anyone who owns or operates a facility where
combustible dust is or could be present should attend this training.
 This includes facilities managers, EHS managers and operations
personnel at these facilities.  In addition, anyone who insurers a
facility where combustible dust is or could be present should attend as
well as authorities having jurisdiction (AHJ's) responsible for these
facilities.  Designers and consulting engineers, as well as
installer/maintainers and manufacturers of explosion protection and
suppression equipment should also attend.

Q: What are the top 3 takeaways registered attendees will take from this training?

  1. What is a combustible dust and how do I know that I have a combustible dust hazard
  2. What is 652 and how does it interact with the other commodity and industry-specific combustible dust standards.  
  3. What is a Dust Hazards Analysis and when and how do I complete for my facility.
Susan will be hosting a live, online training event on December 3,
2015 from 11 am to 1 pm EDT on the subject of “Combustible Dust Hazards –
NFPA 652” Click here for more information or to register.

Combustible Dust Hazard – NFPA 652 Live Online Training

Breaking News – OSHA Max Penalties Set to Nearly Double

The OSHA Defense Report

OSHA Law Updates from the OSHA Practice Group at Conn Maciel Carey


Breaking News – OSHA Max Penalties Set to Nearly Double

By Eric J. Conn, Chair of Conn Maciel Carey’s national OSHA Practice Group

For as long as I have been practicing OSHA law (more than 15 years now), four things have remained constant:

  1. The maximum per violation penalty that OSHA has been permitted by
    the OSH Act to assign to Serious violations has been $7,000, and for
    Repeat or Willful violations it has remained $70,000;
  2. The Assistant Secretary of Labor for OSHA makes an annual pilgrimage
    to the Hill where he or she pounds on the table and demands that
    Congress enact OSHA reform legislation to increase the maximum penalties
    OSHA can assign (with common refrains like: “employers can be fined
    more for mistreating cattle on federal lands than for allowing an
    employee fatality!”);
  3. There has been one iteration or another of such reform legislation
    (usually dubbed the “Protecting America’s Workers Act”) floating around
    Congress and stalling before it even gets out of Committee; and
  4. OSHA proposes penalties on average at a level 50% below the maximum penalty level currently authorized.
Yet, here we are in 2015 with a Republican-controlled House and
Senate, and through the backdoor comes a Congressionally-mandated
increase to maximum OSHA civil penalties of nearly 80%. A bizarre
parting gift by now former Speaker of the House John Boehner, no doubt
part of his effort toBudget Act
“clear the barn” for his successor. Color me shocked.

Here are the details. The much publicized two-year bipartisan budget agreement
allowed the federal government to remain open and not default on the
U.S. debt, but it also contained lesser known (or completely unknown)
provisions, including one that allows for a nearly 80% increase in OSHA
penalties in the next year, as well as indefinite periodic increases to
match the rise of the cost of living in the future.

Specifically, the “Bipartisan Budget Act of 2015” was passed by both houses of Congress and signed into law by President Obama last week (November 2nd). Section 701 of the Budget Act, entitled “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,”
gives OSHA the green light to increase penalty amounts to catch up with
cost of living adjustments since the last time OSHA’s civil penalties
were raised (1990).

The Civil Penalties Adjustment section of the 2015 budget bill was
hammered out between Speaker Boehner and the White House with apparently
no input from House or Senate members. It provides for a one-time
“Catch-up Adjustment” that must be implemented by no later than August
1, 2016. The catch-up adjustment is tied to the percentage rise in the
Consumer Price Index (CPI) from the time OSHA last increased its civil
penalties in 1990 through November 17, 2015. The actual percentage
increase will not be known until next week, but based on recent CPI
trends,Penalty Inflation Adjustment Act
the increase is expected to be approximately 80%.

Assuming a penalty inflation adjustment of approximately 80%, OSHA
will be imminently increasing the maximum civil penalty for alleged
Serious violations from $7,000 per violation to approximately $12,000,
and for alleged willful or repeat violations from $70,000 per violation
to approximately $120,000. After the initial catch-up increase, OSHA is
also authorized by the law to continue to
adjust penalties upward as the CPI continues to rise year after year.
The law does, however, cap the penalty increase at 150%.

OSHA Penalty Table

The Assistant Secretary of Labor for OSHA, Dr. David Michaels, has
long been a proponent of increasing OSHA penalties, expressing (often
during his annual pilgrimage to the Hill):

“Unscrupulous employers often consider it more cost
effective to pay the minimal OSHA penalty and continue to operate an
unsafe workplace than to correct the underlying health and safety
From a logistics standpoint, the bill directs OSHA to promulgate the
penalty increases by way of an interim final rule, which allows the
changes to become effective immediately upon publication in the Federal
Register, with comments by stakeholders to be solicited after the fact.
The budget bill also would allow OSHA to increase the penalty by some
amount(s) less than the maximum permitted increase, but to do so, OSHA
would have to follow a more traditional rulemaking approach. It is
inconceivable that OSHA will not jump at the maximum allowable increase,
especially given the greater rulemaking burden they would face to raise
it by less than the maximum.

As a long-time OSHA defense counsel, I am truly amazed that this
legislation was passed. OSHA reform has been one of those hot button
issues about which the two sides of the aisle could never find common
ground. Indeed, we have watched for years as the proposed Protecting
America’s Workers Act legislation has floundered in Congress.
Accordingly, I never expected to see a Republican-controlled Congress
raise OSHA’s maximum civil penalties at all, let alone nearly doubling

Now it will be interesting to see what OSHA does with this new
penalty authority. OSHA under the Obama Administration has been very
enforcement-centric. It has all but eliminated compliance assistance in
favor of enforcement programs. We have even watched OSHA implement
creative policy changes to increase minimum penalties
and reduce or eliminate permissible penalty reductions. Nevertheless,
even with these efforts to drive up penalties, OSHA’s average penalty
per Serious violation has remained than $3,000 (i.e., less than half of
the maximum penalty OSHA could issue under the law).

Penalty Per Serious Graph

So how and to whom will OSHA boost penalties with these new maximum
penalty levels? My prediction is that we will most likely see penalties
increase significantly for:

  • Larger employers;
  • Employers whom OSHA views as bad actors (e.g., Severe Violator
    Enforcement Program cases, and citation packages including multiple
    willful and repeat violations);
  • Violations in certain high emphasis categories (e.g., amputations,
    temporary workers, and other topics covered by OSHA’s national and local
    emphasis programs).
OSHA has claimed for years that it does not have “sharp enough teeth”
to influence employers’ conduct.  This law has certainly sharpened
their teeth; another reason employers need to prepare in advance for an
OSHA inspection. 

Here is a link to an OSHA Inspection Checklist we prepared to help employers prepare for and manage an OSHA inspection.