Regulatory Issues and Answers
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OSHA Inspection that could have cost Armour Swift-Eckrich $256,650

OSHA intends that this inspection, with it’s settlement agreement “may be used as a ‘benchmark’ for future enforcement actions at other food processing plants.”

This month's REGULATORY ISSUES AND ANSWERS column is an account of an OSHA Inspection that took place at an Armour Swift-Eckrich Ammonia based refrigeration plant in Kansas City, Kansas. It is important to all Ammonia based refrigeration system owners and operators; because, OSHA has long used such company-wide inspections (along with their settlement agreements) as a means of extending health and safety improvements beyond a single plant or company.
OSHA intends that this inspection, with it's settlement agreement "may be used as a 'benchmark' for future enforcement actions at other food processing plants."

The OSHA inspection, which took place on April 8, 1997, was in response to an employee complaint concerning the corrosion of ammonia filled refrigeration piping.
OSHA alleges 53 "serious" violations of health and safety standards. Most violations involved the OSHA Process Safety Management Standard. A "serious" violation is defined as one in which there is a substantial probability that death or serious physical harm could result from a hazardous condition, and that the employer knew or should have known of the hazard.

Armour Swift-Eckrich agreed to make a penalty payment of $115,000 and not to contest any of the citations. A few of the alleged infractions are listed below, as examples.

A complete list of the Citations/Settlement Agreement is available upon request from Ammonia Process Safety Management. Please Fax (801-489-0902), Phone (1-800-401-2383) or Email
nh3psm@burgoyne.com

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