OSHA Seeks $3 Mil. Fine for BP-Husky Refinery

The U.S. Occupational Safety and Health Administration (OSHA) cited BP North America Inc. and BP-Husky Refining LLC”s refinery in Oregon, Ohio, with 42 alleged willful violations, including 39 on a per-instance basis, and 20 alleged serious violations for exposing workers to a variety of hazards, including failure to provide adequate pressure relief for process units. Proposed penalties total $3,042,000.

“OSHA has found that BP often ignored or severely delayed fixing known hazards in its refineries,” said Secretary of Labor, Hilda L. Solis, in a prepared statement. “There is no excuse for taking chances with people”s lives. BP must fix the hazards now.”

OSHA began its inspection at the refinery located near Toledo, Ohio, in September 2009 as part of the agency”s Refinery National Emphasis Program and as a follow-up to a 2006 inspection and a 2007 settlement agreement between OSHA and BP at this location. Although the 2009 inspection found that BP had complied with the settlement agreement, OSHA found numerous violations at the plant not previously covered by the agreement.

The inspection revealed that workers were exposed to serious injury and death in the event of a release of flammable and explosive materials in the refinery because of numerous conditions constituting violations of OSHA”s process safety management standard. OSHA has issued willful citations for numerous failures to provide adequate pressure relief for process units, failures to provide safeguards to prevent the hazardous accumulation of fuel in process heaters, and exposing workers to injury and death from collapse of or damage, in the event of a fire, to nine buildings in the refinery. Additional willful citations allege various other violations of OSHA”s standard addressing process safety management. These citations carry proposed penalties totaling $2,940,000.

Since 1991, this refinery has been inspected 12 times. Nationally, BP Products North American has been inspected by OSHA 44 times at various sites and is facing pending cases in which 439 willful citations and failure-to-abate notices were issued to its Texas City Refinery as a result of a 2009 inspection. Proposed penalties in those pending cases total $87 million, the largest penalties ever proposed by OSHA. BP”s Texas City Refinery experienced an explosion and fire in 2005 that killed 15 workers and injured 170. A large portion of the penalties proposed for the Texas City Refinery results from OSHA”s allegations that BP failed to fully live up to a settlement agreement entered into after the explosion. BP has contested the citations, notifications of failure-to-abate and the proposed penalties in those cases.

BP North American Inc. operates and jointly owns the refinery with Canadian-based Husky Energy Inc. The company has 15 business days from receipt of the citations to comply, request an information conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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 assure these conditions for America”s working men and women by setting and enforcing standards, and providing training, education and assistance.

For a sheet breaking down the citations and proposed penalties in this case, click here.