OSHA Motivated by Fatal Accident to Fine Company more than $250,000

Jan. 18, 2002
The death of one worker and the injuries suffered by six others in a July 2001 tank explosion at Motiva Enterprises LLC's oil refinery in Delaware City, Del., results in OSHA fines of $259,000.

The death of one worker and the injuries suffered by six others in a July 2001 tank explosion at Motiva Enterprises LLC's oil refinery in Delaware City, Del., has prompted the Occupational Safety and Health Administration (OSHA) to proposed penalties of $259,000.

OSHA alleges the company failed to inspect, repair and provide proper covers for tanks at the oil refinery, which employs more than 660 workers.

The agency responded immediately to the explosion, which occurred while workers were welding and cutting metal above a tank used to store sulfuric acid. The workers were employed by Washington Group International, Cleveland, a subcontractor performing maintenance work at the site.

Motiva was cited for three alleged willful violations, with a proposed penalty of $210,000. The three willful violations include: failure to conduct required internal tank inspections; failure to repair atmospheric storage tanks when evaluations indicated such repairs were necessary; and failure to fit openings at the top of the tank with vapor-tight caps or covers. The company also received seven serious violations, with a penalty of $49,000.

"Motiva failed to internally inspect Tank 393 in a timely manner despite its knowledge that the tank was long overdue for inspection, had a history of leaks and showed signs of deterioration," said Richard D. Soltan, OSHA regional administrator in Philadelphia.

Washington Group International Inc. was also cited for two serious violations, with proposed penalties totaling $14,000, for failure to contain sparks during hot work and failure to train employees engaged in hazardous waste clean up operations.

Both companies have 15 working days from the receipt of the citations to decide to comply, to request an informal conference with the OSHA area director, or to contest the citations and proposed penalties before the Independent Occupational Safety and Health Review Commission.

edited by Sandy Smith ([email protected])

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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