Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.
In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.
A willful citation is characterized by an employer's intentional disregard of the standards or plain indifference to employee safety and health. A violation is characterized as serious when death or serious physical harm could result if an accident were to occur as the result of a hazard about which the employer knew or should have known.
OSHA previously cited PACES following the December 18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers. CES has 15 business days from receipt of the latest citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent review commission.