OSHA Slaps Oklahoma Refinery Citing Safety Violations

A Sinclair owned crude oil refinery in Tulsa Oklahoma has been slapped with several safety violations after it was inspected by The U.S. Department of Labor's Occupational Safety and Health Administration, (OSHA).

The investigation was part of OSHA's National Emphasis Program for Petroleum Refineries. The program seeks to insure that refineries across the nation are in compliance with OSHA's process safety management regulations.

David Bates, OSHA’s area director in Oklahoma City said:

“Failure to effectively implement OSHA’s process safety management regulations to protect employees from potential hazards at high risk facilities, such as petrochemical refineries, will not be tolerated, this planned inspection has identified hazards for corrective action to help prevent accidents or injuries.”

The plant received one serious citation that included 38 violations. OSHA defines a serious violation as one that involves "substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known." That citation involved problems with process safety management, portable fire extinguishers, emergency response and evacuation, benzene, hexavalent chromium, electrical problems, chemical storage, compressed gas cylinders and walking/working surfaces.

The other citation was classified by OSHA as willful, meaning the company never addressed hazards identified in an earlier OSHA inspection. This involved electrical equipment deemed capable of igniting flammable vapors, and the need for early warning devices for flammable and toxic releases.

Proposed penalties will be in the area of 240,000.

 

OSHA Chalks Up 30 Safety Violations for East Texas Refinery After Deadly Explosion

Following a fire and explosion that claimed the lives of two employees, and injured three more, OSHA has cited Delek Refining Ltd, in Tyler Texas, with  30 safety violations.

"OHSA's Process Safety Management standard contains specific requirements that are essential to the safety and health of workers in the petroleum refining industry, and it is crucial that employers follow these safety and health requirements. If Delek had followed OHSA's standards, it is possible this tragic accident could have been avoided."--Stephen Boyd, OHSA's Area Director in Dallas.

The explosion was caused by the ignition of flammable vapors after a naphtha discharge line ruptured in the saturated gas unit at the refinery.

OSHA found one willful safety violation due to failure to "maintain and repair" processing equipment. (Willful violations are violations committed with "intentional disregard of" or "indifference to" the standards set by the Occupational Safety and Health Act.)

The other serious citations were due to violations of OSHA Process Safety Management rules. The more interesting citations involved asbestos, benzene, electrical, and fire extinguisher standards. (Serious violations are reserved for scenarios where death or serious injury could result from a hazard that should have already been addressed by the employer.)

Penalties are expected to total 217,350. A number with fewer figures than I'd like to see, considering the loss of life involved.

 

 

 

Congressmen Demand BP Pollution Probe After Discovery of Six Year Unchecked Benzene Release

The EPA has announced this week that British Petroleum (BP) has been emitting the known carcinogen benzene at it's Whiting (IND) refinery's waste water treatment plant without adequate air pollution control devices for almost six years.

In the wake of this revelation, nineteen congress members from all of the Great Lakes states have joined forces to call for a "systematic look" at BP Whiting's compliance with it's water, air and land pollution permits.

U.S. Rep. Mark Kirk, R-Ill., had this to say in a statement that accompanied a letter to EPA Administrator Lisa Jackson:

"This latest development further underscores the fact that BP cannot be trusted to meet federal clean air and water requirements, It is my hope that the EPA takes swift action to review all of BP's pollution permits to ensure there are no other violations that have gone unnoticed. 

Rep. Kirk has a point, BP can't be trusted. The company already faces several other pollution related lawsuits including a Texas City suit around major violations of Texas environmental laws. The suit alleges that improper maintenance of equipment at BP's Texas City refinery caused an explosion that killed 15 workers, sickened 170 residents, and released massive quantities of benzene and other carcinogens.  Let's put it this way, they're not going to win this one.

Rep. Kirk went on to say:

"No one argues against the need to expand production capability at the Whiting facility, but there should be zero tolerance for releasing deadly poisons into our air and water.''

Kirk is referring to a controversial plan to expand the Whiting facility. I like the zero tolerance part, but to say that no one argues against the expansion plan is completely disingenuous. A brief search of the web will turn up countless arguments against the expansion, such as the following from Henry Henderson, a blogger who lives in the shadow of the plant:

"The obvious question repeats itself: if current operations of the refinery result in serious violations of laws that protect human health and safety, and damage the environment, why should the company be allowed to expand refinery operations to accept even dirtier crude than it currently treats, and increase the pollution from the facility?"'

The fact that benzene causes cancer has been well documented, but studies over the last few years suggest that even current allowable benzene exposure levels set by the EPA and OSHA may negatively impact health. I think it's only a matter of time before the EPA will be forced by overwhelming scientific evidence to admit there is no safe long term exposure level for benzene. 

Although benzene is a commodity chemical with many useful applications, I think society is in the process of discovering that it's even more dangerous than we thought. Too dangerous to be allowed at any level in our air water or soil.

Because benzene is heavily relied upon by the industrial sector, researching safer substitutes must be a part of the solution.

 

 

 

 

 

Evidence Suggests Even Low Level Benzene Exposure Impacts Worker Health

 A recent study by a team of investigators from the National Cancer Institute, the University of California, Berkeley, and the Chinese Center for Disease Control and Prevention, has linked very low levels of benzene exposure with a decrease in white blood cell production.

The study "Hematotoxicity in Workers Exposed to Low Levels of Benzene," compared the blood cell production of 250 benzene exposed Chinese workers, to that of 140 non-exposed workers, and found reduced white blood cell production in the exposed workers.

Alarmingly, the workers were exposed to airborne benzene levels of less than 1 part per million (ppm), which is below OSHA's allowable long term exposure limit of 1 ppm during an 8 hour work day. OSHA allows a short term (15 minute) work place benzene exposure level of 5 ppm.

The study conducted multiple work place air samples, measuring benzene levels, over the course of one year.

It is well established that higher levels of benzene exposure causes lower blood cell counts, and leads  to blood system diseases like aplastic anemia and myelodysplastic syndromes, and leukemias such as acute myelogenous leukemia (AML) and acute lymphocytic leukemia (ALL).

This study enforces the idea that, when it comes to benzene, there is no safe exposure level.

This idea is not new, but has taken a long time to sink in. A National Petroleum Institute toxicological report dating back to 1948 states that there is likely no safe exposure level to benzene, and that benzene causes leukemias.

If you or a loved one have been sickened by exposure to benzene at work, you should contact a reputable benzene attorney, it costs nothing to discuss your case, and you may be able to receive compensation for your injuries.

 

 

 

Looking for Information on Benzene?

Whether you’re looking for federal regulations regarding benzene in the workplace or information on the health effects of benzene exposure, there are a number of valuable resources on the Web to help you in your search. Listed below are just a few:

The Environmental Protection Agency – A general report on benzene, potential sources of exposure and its health hazards can be found here and a fact sheet on how it affects groundwater/drinking water can be found here.
 

Occupational Health and Safety Administration – Provides information on OSHA regulations for benzene in the workplace, including how to recognize and evaluate benzene hazards
 

National Marrow Donor Program – An informational page on acute myelogenous leukemia (AML) can be accessed here.
 

Leukemia & Lymphoma SocietyGreat resource for cancers of the blood, including non-Hodgkin lymphoma and acute myelogenous leukemia, which are both sometimes caused by benzene exposure.

 

Refinery Violations in Texas

If in fact OSHA did give notice of surprise inspections then they are a joke.  This letter from the opinion page of the Houston Chronicle.

Regarding Monday's Page One article "OSHA UNCOVERS SLEW OF REFINERY VIOLATIONS / Inspectors find 146 at 17 sites in what is only the start of a nationwide study": My mother died of cancer two years ago, and while she was in a hospice, her nurse and I visited. She told me she had worked at chemical plants in the Houston area for 17 years before she quit. She said she became a nurse as payback for what she knew was happening in the plants. The Occupational Safety and Health Administration, she said, would give a two-week notice to plants before "surprise" inspections, and workers would scramble to clean up and set things right for clean reports. On foggy and rainy nights, she was instructed by supervisors to "release" into the air, as the fog or heavy rain would hide the act.

That OSHA "uncovers slew" of violations at refiner-ies, to me, is a joke. Fines for violations are cheaper to pay than to fix the problems! How can we uncover what heretofore we didn't wish to find?

Benzene Exposure Failure to Warn Claim preempted by OSHA

What does that mean?  It means that unless you can show that the manufacturer did not comply with the OSHA regulations then you cannot (at least in this particular benzene lawsuit) proceed with a "failure to warn claim"

Here's the post from the Product Liability Prof Blog:

A Minnesota DIstrict Court dismissed a wrongful death action brought by the family of a former industrial worker against the makers of benzene-containing products to which he was allegedly exposed in his workplace.  OSHA regulations that govern warning and labeling requirements for hazardous chemicals used in the workplace preempt any additional state law requirements, according to the court.  Thus, the only way the plaintiffs could show liability for failing to warn was to show that the manufacturers violated the OSHA regulation requiring warnings be given for products containing more than 0.1% benzene.  Because the plaintiffs produced no evidence that the defendants violated the regulation, the court ruled that the companies were entitled to summary judgment in their favor.  Vettrus v. Ashland, Inc., Minn. Dist. Ct., No. C9-04-817, Jan. 9, 2008).