The Houston Chronicle’s Cindy George reports on the explosion last night (12/4) at Valero Energy’s Texas City, TX refinery. One worker, Tommy Manis, 40, was killed and two other workers were injured. The site is one of OSHA’s designated Voluntary Protection Program (VPP) sites, but I was not able to find data on OSHA’s website about this site’s most recent comprehensive review. (With an OSHA VPP Star designation, the worksite is not subject to routine OSHA inspections or special emphasis enforcement programs, but undergoes an OSHA review every 3-5 years.)
One of the troubling items I’ve learned about this particular VPP site is their very recent experience with union-busting.
From the August 2009 issue of OilWorker, I learned that during an organizing drive at the plant, 74% of the Valero workers signed a petition for United Steelworkers’ representation. Then, Valero management subjected the workers to “captive audience meetings for three weeks” before the formal NLRB election, hung “vote NO” banners at the entrance to the Texas City plant, sent a CD to every workers’ home address encouraging them to vote no, plus more.
As Jim Lefton, USW subdistrict director said
“this is a prime example of how the laws are clearly in favor of the corporations when it comes to organizing”
and why the Employee Free Choice Act is desperately needed.
I’ve written previously about the Valero company boasting that its “process safety program instills safety and reliability at every refinery.” Repeated hazardous conditions at Valero worksites make me question the veracity of their claims. Earlier this year, OSHA’s area office in Wilmington issued citations to Valero Energy Corp’s Delaware City oil refinery, including four repeat and nine serious violations of process safety management rules. Now, we have another terrible incident which took the life of Mr. Tommy Manis.
The Houston Chronicle’s article includes statements from the company saying:
“The extent of the damage to the unit and the cause of the incident are still under investigation. Valero has notified and is working cooperatively with the appropriate governmental and regulatory agencies.”
and the U.S. Chemical Safety Board indicating:
“We are in contact with Valero and we’re gathering information. We’re trying to understand the extent of the accident and the severity of the injuries and we’re, of course, concerned by the fatality.”
In June 2009, acting asst. secretary for OSHA, Jordan Barab, sent a letter to 100 refineries across the nation emphasizing the need to comply with process safety management standards. The agency must have been compelled to send these notices after inspectors were finding the same hazards over and over again at refineries during a special emphasis program targeting these specific operations. More recently, OSHA asked VPP sites to complete a process safety management questionnaire:
“…VPP participants whose worksites fall under federal jurisdiction and whose operations are covered by OSHA’s process safety management standard will receive a questionnaire that must be completed and included with annual self-evaluations. Evaluations are due Feb. 15, 2010.”
[Anybody have a link to the questionnaire?]
If the CSB decides to pursue an investigation of Friday night’s blast, we will probably hear from them within a week on the suspected cause of the explosion. Meanwhile, I expect OSHA’s Office of Cooperative Programs will be trying to figure out why a worker was killed at a VPP Star site.
9 comments
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December 6, 2009 at 12:08 pm
John Astad
This problem of reoccurring explosions and fires in oil refineries should not be solely directed at Valero but instead the problem is endemic throughout the nation. Due to global financial conditions many refineries are severely cutting back on their budgets, which results in diminished attention to process safety sub-elements of maintenance, testing, and inspection. The recent Silver Eagle Refinery explosions in Utah is only the tip of the iceberg that magnifies an inherent problem where the workforce is at risk daily.
On a side note, boiler explosions during start-ups, like at Valero, are a regular occurrence across a wide spectrum of national industries.
Two hurt in hospital boiler explosion http://is.gd/5e46q
Worker killed in Mississippi paper plant explosion http://is.gd/5e4bb
Worker burnt in boiler explosion. http://is.gd/5e4eU
Investigation and repair of an auxiliary boiler explosion http://is.gd/5e4ov
Boiler Explosions http://is.gd/5e4vL
Petroleum Refinery Boilers http://is.gd/5e4mK
Case Studies for the Oil and Petrochemical Sector http://is.gd/5e4ta
Steps to Evaluate Boiler Explosion http://is.gd/5e4LM
In the above link, Dr V T Sathyanathan shares with readers in his excellent article the causes of explosion in boilers, which includes operator error 47%, insufficient purge 39%, control failure 11%, and equipment failure 3%.
December 6, 2009 at 10:00 pm
John Astad
Sorry excuse,CSB won’t investigate deadly refinery blast. Nation’s entire refinery workforce at risk http://bit.ly/8HEK5t
Explosions continue unabated in overstressed national industry where severe budget constraints can’t keep up safely with daily operations. Workforce pays the ultimate price.
December 7, 2009 at 7:28 am
John Astad
Troubling trend, boiler explosions nationwide in addition to nothing in the OSHA General Industry Regulations on Boilers and Pressure Vessels. Approximately 3,000 boilers located in oil refineries. In the meantime workplace fatalities and injuries occur unabated across a wide spectrum of national industries due to boiler explosions. Only 11 states require licensing of boiler operators http://is.gd/5eRwi. Texas does not require licensing of operators only of units. Wheres the outrage? http://www.license.state.tx.us/Boilers/blr.htm#causes
December 7, 2009 at 12:52 pm
John Astad
Just got off the phone with Ronnie Orsak, Assistant Business Manager, International Union of Operating Engineers Local 564 here on the Texas Gulf Coast. It’s unbelievable that personnel are not required to have training in the safe operation of boilers.
Statistics indicate causes of boiler explosions:
47% operator error
39% insufficient purge
11% control failure
3% equipment failure
Should refinery maintenance and I/E personnel receive additional training on safe boiler operations?
December 17, 2009 at 4:13 pm
R. Davis Layne
Hello Celeste
VPP sites covered by OSHA’s PSM standard have been required since Oct 2007 to submit a process safety management questionnaire. This is not a new requirment. Non VPP sites covered by PSM do not have to submit the questionnaire to OSHA.
December 21, 2009 at 3:49 pm
R. Davis Layne
Hello Celeste
Here is the link to the PSM questionnaire you asked for: http://www.osha.gov/dcsp/vpp/psm_app_supplement_final.html
Davis
January 30, 2010 at 10:16 pm
Terry Schulte
As a VPP coordinator at a STAR site refinery and I can tell you that we have been doing the NEP checklist every year since it came out. Although, we had a tough PSM review to get our STAR. There seems to be a preception that STAR sites are exempt from NEP programs. While I understand this is in writing, the reality is you are not exempt.
VPP is based on a partnership so if OSHA thinks that special emphasis is needed on something, all they have to do is ask the STAR site to look into it. OSHA requires an annual evaluation every year and we have been doing the NEP checklist as part of that evaluation every year since it came out. I can tell you we are also looking into recording keeping without being asked or waiting on OSHA to tell us. We are doing this because we want be safer and OSHA sees as an an area to improve then we should look at it. We have done a lot of thing’s that go beyond standards (i.e. dual bar swing gates) because OSHA and us thought it would make us better.
I believe that part of the reason the last comprehensive report could not be found as stated in article is exactly what the GAO report stated. OSHA should look at these annual reports given to them every year by STAR sites and put the data out there for review. If they do not have the resources to do this than I do not know why they do not utilize the 1,000 special government employees they have in VPP to help them with this.
Lastly, I would like to point that I have seen articles that seem to suggest the fatality would not have occured if the site had a NEP audit. I think that is very presumptuous at this stage. I know we want to see the investigation results to see what lessons can be learned and taught.
February 28, 2010 at 9:42 pm
Laura Parker Manis
I am the widow of Tommy. Once again, its all about production. The next day upon reading the newspaper. All Valero cared about was that they were the world’s largest refinery. I came to the conclusion all they seemed to be worried about was describing how great the plant was and all of their great assets. They stated that there was no risk to the public. Etc. I am outraged!! I am sentenced to a life without my husband. I feel like the workers are just a number. Well! Remember this name TOMMY DWAINE MANIS was a wonderful and dedicated worker at Valero. He lived and breathed that plant. I will never forget him leaving the house and turning to say he loved me. I have nothing left except memories of him. I will never forgive the idiots that sent him out to the boiler that had so many problems prior. They knew.
March 9, 2011 at 3:18 am
spryny
Is it true that a quota of 100 new vpp exists for Osha this year???