OSHA cites Stavis Seafoods Inc. for 20 serious violations following March ammonia leak in which employee died. Boston seafood processor neglected industry, OSHA safety standards

U.S. Department of Labor | September 30, 2016 BOS 2016-156

OSHA cites Stavis Seafoods Inc. for 20 serious violations
following March ammonia leak in which employee died
Boston seafood processor neglected industry, OSHA safety standards

BRAINTREE, Mass. - Brian Caron died on the job on March 23, 2016, when he was fatally overcome by an ammonia leak caused by a burst pipe in the machine shop of his employer, Boston fish and seafood wholesaler Stavis Seafoods Inc.

An inspection by the U.S. Department of Labor's Occupational Safety and Health Administration determined that the deficient design and lack of proper operation and maintenance for the machine shop's ammonia refrigeration system and equipment exposed Caron and other Stavis employees to a catastrophic release of ammonia.
Specifically, Stavis Seafoods failed to:

• Ensure proper containment of ammonia within the machine room in that there were large floor holes and no door to separate the machine room from a maintenance/storage room and prevent the spread of ammonia vapor.
• Test and calibrate ammonia sensors following the manufacturer's recommendations.
• Establish and implement an adequate inspection schedule for pressure vessels.
• Label ammonia piping properly.
• Provide a ventilation system sufficient to prevent possible combustion or explosion of ammonia vapors resulting from an ammonia release.

In addition, the alarm system for the ammonia machine room was not working and the employer failed to train plant employees adequately in emergency evacuation procedures.

"The company's failure to follow industry and OSHA standards exposed its employees to the hazards of an ammonia release as well as falls, electric shock, hazardous chemicals and delayed or obstructed exit from the facility during a leak or other emergency. It's clear that Stavis Seafoods must take effective action to correct these hazards and prevent their recurrence so that no other employees are harmed on the job," said James Mulligan, OSHA's acting area director for Boston and southeastern Massachusetts.

OSHA's inspection identified several other conditions which exposed employees to the hazards of:

• Falls due to insufficiently guarded door openings, lack of roof guardrails, defective ladders and an unmarked door leading to a 17-foot drop.
• Impeded or blocked exit routes stemming from inadequately stored equipment and sheets of plywood and building materials and equipment stored near the exit door.
• An incomplete inventory of hazardous chemicals used in the workplace, unlabeled containers of hazardous chemicals and not providing adequate chemical hazard communication training to employees.
• Several electrical hazards including improper use of electrical wiring and equipment, and the use of extension cords in place of permanent wiring.

As a result of its findings, OSHA has cited Stavis Seafoods Inc. for 20 serious violations of workplace safety and health standards. Proposed fines total $173,168. The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

The citations can be viewed here.

Pre-citation legal assistance was provided by the Boston regional office of the solicitor.

To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Braintree office at 603-225-1629.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

# # #

==========

 



Seafood Company Had History Of Violations, Including Ammonia Concerns March 24, 2016 10:00 PM
 


BOSTON (CBS) — The seafood company where an employee was killed in an ammonia leak that prompted a large Hazmat response Wednesday had a history of OSHA violations that warned of ammonia leaks.

The employee who was killed has been identified as Brian Caron, a husband and father of two from Peabody. “If there was something going on for a friend, he was there,” said Jane Leone, Caron’s friend. “He was sincere, he was a real genuine guy.”

Stavis Seafoods, owners of the warehouse where Caron was killed, had sixteen OSHA violations in 2009. The violations were found during a planned inspection.

OSHA also expressed concern about the company’s handling of ammonia. In a release from September 2009, the organization said, “The requirements of OSHA’s PSM standard are stringent and comprehensive because a leak could have a severe or catastrophic effect on employees.”

According to WBZ-TV’s Lauren Leamanczyk, OSHA came to an informal settlement with Stavis later that year in which the company agreed to correct some of the violations–but there are no records or any indication that OSHA has been back since.


Brian Caron (WBZ-TV)

The violations regarding ammonia were later cleared because the amount of ammonia on-site was under the threshold required for a company to follow OSHA’s requirements for process safety management. The company paid a fine of $15,750 for other violations.

According to state records, Stavis Seafoods has reported 17 work-related injuries since 2009.

Richard Stavis, CEO of Stavis Seafoods, issued the following statement Thursday:

Our concern today is with the tragic death of our employee, his family and finding out exactly what happened.

The safety of our employees and our workplace is always our greatest priority. To that end we will do everything we can to assist with the investigation.

Boston Fire responded to the Stavis Seafoods warehouse at 7 Channel Street around 6 p.m. Wednesday night. They found one worker dead near a second-floor stairwell.

“Our first companies on the scene made entry to try to save one of the workers but they were pushed back by the product, the ammonia,” Boston Fire Chief John Walsh said.

Four other workers who were in the building were able to evacuate.

The leak of a 5,300 lb. ammonia tank prompted a Level 3 Hazmat response and firefighters wore fully encapsulated suits when they entered the building.


Hazmat crews at ammonia leak in Seaport District (WBZ-TV)

The ammonia leak was stopped when firefighters shut down the main valve several hours after they arrived at the warehouse.

First responders say they wasted precious time trying to reach the emergency shutoff.

“There’s a valve in there that’s supposed to be easily accessible. But at this building it’s not at this time,” Boston Fire Chief John Walsh said Wednesday night.

It is not yet clear how the leak started. Boston Police Commissioner William Evans said homicide detectives and OSHA are investigating.

OSHA fines Machinery Maintenance Rebuilders Inc. a Houston machinery rebuilder more than $155K for continuing to expose workers to amputation, other hazards

September 28, 2016

OSHA fines Machinery Maintenance Rebuilders Inc. a Houston machinery rebuilder more than $155K for continuing to expose workers to amputation, other hazards

Employer names: Machinery Maintenance Rebuilders Inc. Houston, Texas

Citations issued: Sept. 28, 2016

Investigation findings: On Aug. 23, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration conducted a follow-up inspection of Machinery Maintenance Rebuilders and found the company did not address violations from February 2016. The company was still exposing workers at the machinery repair shop to struck-by and amputation hazards. Inspectors also found workers operating dangerous machinery that was without proper safety guards, was not secured properly and lacked required energy-control devices used to disable potentially hazardous machinery. Two citations were issued one serious, and one failure to abate violation.

Proposed Penalties: $155,139

Quote: "Workers exposed to machinery without proper guarding are in jeopardy of losing a limb or even a life. Failing to adhere to this safety requirement will not be tolerated," said Joann Figueroa, OSHA's area director in the Houston North office. "Machinery Maintenance Rebuilders is responsible to find and fix hazards in the workplace."

Link to the citations: https://www.osha.gov/ooc/citations/MachineryMaintenanceRebuildersInc_1116352.pdf and https://www.osha.gov/ooc/citations/MachineryMaintenanceRebuildersInc_1116380.pdf

Information: Machinery Maintenance Rebuilders has 15 business days from receipt of its citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

To ask questions; obtain compliance assistance; file a complaint or report amputations, eye loss, workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Houston North office at 936-760-3800. For more information, visit http://www.osha.gov.

# # #

EPA Finalizes Multi-Million Dollar Cleanup Plan at the former American National Can facility in Warren County, N.J. Superfund Site

09/30/2016
Contact Information:
Elias Rodriguez (rodriguez.elias@epa.gov)
212-637-3664

(New York, N.Y. – Sept. 30, 2016) The U.S. Environmental Protection Agency has finalized a plan to remove chemicals from soil at the former American National Can facility in Washington Township, N.J. as part of the ongoing cleanup of the Pohatcong Valley Groundwater Contamination Superfund site. The Pohatcong site is contaminated with trichloroethylene (TCE) and perchloroethylene (PCE), which can have serious health effects, including liver damage and increased risk of cancer.

“The EPA’s plan gets to the heart of the contamination that is impacting a large area of the Pohatcong community – the soil at the former American Can facility,” said EPA Regional Administrator Judith A. Enck. “By finalizing the plan, the EPA will ensure that the contamination source is addressed.”

The EPA added the Pohatcong site to the Superfund list in 1989 because of elevated levels of volatile organic contaminants including TCE and PCE in the groundwater. These contaminants were detected in public supply wells, which are now treated to meet drinking water standards before the water is distributed.

Because of the complexity of the site, the EPA has divided the site into three parts. The first includes a large area of groundwater contamination located in Washington Borough, and encompasses about 5,600 acres. Most of the residents of this area receive drinking water from a public water supply that meets drinking water standards. The EPA finalized a cleanup plan in 2006 to address this groundwater contamination, which includes the extraction and treatment of contaminated groundwater. An engineering design is currently being performed in order to implement this remedy.

The second part of the cleanup relates to TCE groundwater contamination in Franklin and Greenwich. There is no public water supply currently available in this area and potable wells that are impacted by contamination have received individual treatment units from the New Jersey Department of Environmental Protection. The EPA finalized a cleanup plan, which includes the construction of a water line throughout the area to provide drinking water, in 2010. This cleanup plan is currently being designed.

The third part of the cleanup deals with the contaminated soil at and around the former American National Can facility in Washington Borough and Washington Township. The EPA has determined that the primary source of TCE contamination in this area is the soil underlying the former American National Can facility, which has a long history of industrial use. The facility was previously owned and operated by Pechiney Plastic Packaging, Inc. in the 1990s and is currently owned and operated by Albéa Americas, Inc.

For this portion of the cleanup, the EPA is requiring the continued use of an existing system that removes harmful chemicals from shallow soil beneath the industrial building at the site by extracting them in vapor form with a vacuum and then filtering the vapors through carbon filters to remove contaminants. For deeper areas of contamination, the EPA is requiring the installation of a similar system between 30 to 100 feet beneath the facility. The selected cleanup also allows for the option of using a heating process in areas of the soil that are highly contaminated. The heat can destroy or evaporate certain types of chemicals. When they evaporate, the chemicals change into gases, which move more easily through the soil. Collection wells capture the harmful chemicals and gases and pipe them to the surface for treatment. The range of cleanup costs are estimated to be between $7.8 and $12.7 million. The final costs will depend on the findings of design studies, which will determine if one or both of the selected technologies will be required.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. The EPA searches for parties legally responsible for the contamination at sites, and it seeks to hold those parties accountable for the costs of investigations and cleanups. Under a March 2015 federal consent decree, Pechiney has the primary responsibility for paying for the cleanup work, including the soil cleanup plan finalized today.

The EPA held a public meeting in Washington Township on June 21, 2016 to explain its proposed plan. The EPA took public comment for 60 days and considered public input before finalizing the plan.

The EPA’s final cleanup plan, including the EPA’s response to public comments, will be posted today at: https://www.epa.gov/superfund/pohatcong-valley-groundwater

16-093

Southern Coal Corporation Agrees to pay a $900,000 civil penalty and Make System-Wide Upgrades to Reduce Water Pollution from Mining Operations

09/30/2016
Contact Information:
David Sternberg (sternberg.david@epa.gov)
(215) 814-5548

PHILADELPHIA (September 30, 2016) -- The U.S. Environmental Protection Agency (EPA) today announced a settlement with Southern Coal Corporation and 26 affiliates (Southern Coal Corporation) requiring the companies to make comprehensive upgrades to their coal mining and processing operations to prevent discharges of polluted wastewater from their mines in the Appalachian region. The estimated cost of these measures is approximately $5 million. The companies will also pay a $900,000 civil penalty, divided among the federal government and the four state co-plaintiffs, Alabama, Kentucky, Tennessee and Virginia.

The settlement resolves alleged violations of state-issued Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits by discharging various pollutants in exceedance of permit limits at the companies' mining and processing operations in Alabama, Kentucky, Tennessee, Virginia and West Virginia. In addition, there were numerous violations of the companies’ legal responsibilities to sample their discharges to rivers and streams required by their NPDES permits. Under the settlement, Southern Coal Corporation must implement a series of measures to ensure compliance and prevent future Clean Water Act violations at their coal mining operations, including:

• Implementing a company-wide, EPA-approved environmental management system;
• Maintaining a centralized data management system to track audit results, violations, water sampling data and compliance efforts;
• Constructing a publicly accessible website for posting documents such as NPDES permits, discharge monitoring reports, water sampling data, effluent violation information, notices of violations and compliance orders;
• Paying escalating stipulated penalties if Clean Water Act permit violations continue to occur; and
• Providing for a letter of credit and a standby trust and trustee to ensure that there is sufficient money and a mechanism to achieve compliance with the consent decree and the Clean Water Act, if Southern Coal Company fails to perform.

The government complaint filed concurrently with the consent decree alleged that over the last five years, Southern Coal Corporation has violated NPDES discharge limits for pollutants including iron, total suspended solids, aluminum, pH and manganese in their state-issued permits. The complaint also alleged that Southern Coal Corporation failed to submit complete and timely discharge monitoring reports, made unauthorized discharges, and failed to respond to EPA requests for information.

The proposed consent decree, lodged in the U.S. District Court for the Western District of Virginia, is subject to a 30-day public comment period and approval by the federal court.

Information about submitting a public comment is available at:

www.justice.gov/enrd/consent-decrees

For more information on this settlement and to read the consent decree, go to: https://www.epa.gov/enforcement/southern-coal-corporation-global-clean-water-settlement

Atlantic City apartment building evacuated after partial curtain wall collapse

Atlantic City apartment building evacuated after partial wall collapse

Steve Hughes

An Atlantic City apartment building at 114 S. Raleigh Ave. was evacuated Thursday night after a partial wall collapse.

At about 8 p.m. a section of a curtain wall on the south side on the third floor collapsed, creating a roughly six foot hole.

Atlantic City Fire Chief Scott Evans said the building itself is stable but the building will likely be shutdown after city engineers and code enforcement officers inspect it Friday. The building will not be re-opened until the wall is weather-proof again.

Three of the building's four apartments were evacuated, no one was injured.