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View Diary: Texas fertilizer plant last inspected in 1985 (15 comments)

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  •  Still, you'd have thought with it being so close (1+ / 0-)
    Recommended by:
    splashy

    to a school and an apartment complex, that 2006 state inspection would have triggered an OSHA inspection.  Plus, per standard #3, the fact there was ammonia on site should have triggered more inspections.

    The NRA's response to calls for responsible gun law reform: noun, verb, Second Amendment

    by Christian Dem in NC on Fri Apr 19, 2013 at 11:14:40 AM PDT

    [ Parent ]

    •  Remember the size of this company (2+ / 0-)
      Recommended by:
      erush1345, mommyof3

      Eight employees, I understand.
      OSHA is not going to be following up on every little business that has or creates any hazardous material, and/or uses dangerous tools or equipment.

      Not to say they aren't lax about a lot of things. If you want to raise your blood pressure some more, you can read this piece from recent NPR coverage of deaths in grain storage facilities.

      Overall, grain incidents bring few criminal prosecutions, NPR and CPI found. An examination of OSHA grain engulfment data and the agency's criminal referral records shows at least 19 fatal and nonfatal grain incidents since 2001 with willful citations, the kind that trigger consideration of federal charges. Eight were referred to federal prosecutors. Three resulted in charges, and one is still under review.

      NPR and CPI also found that nearly half of the willful citations issued in fatal incidents since 1984 were downgraded or dropped entirely.

      Criminal charges are rare in these and other worker death cases because "penalties under the OSHA statute are so light compared to the gravity of the offense," says Jane Barrett, a former federal prosecutor who now teaches at the University of Maryland School of Law.

      The criminal penalty for willful and egregious behavior that results in a worker's death is a misdemeanor, punishable by up to six months in jail and up to $10,000 in fines.

      http://www.npr.org/...

      "No one life is more important than another. No one voice is more valid than another. Each life is a treasure. Each voice deserves to be heard." Patriot Daily News Clearinghouse & Onomastic

      by Catte Nappe on Fri Apr 19, 2013 at 11:38:51 AM PDT

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      •  local Fire marshal (2+ / 0-)
        Recommended by:
        Catte Nappe, mommyof3

        is usually the point on most things.

        Then the state

        then the feds.

        I bet the local fire marshal didn't have jurisdiction as they look to be outside the city line.

        I bet the county fire marshal has only a ceremonial function.

        So it's State chemical board, and they are probably busy looking at refineries,  this place was small.

        Deepwater Horizon had one federal inspection every 2 years.

      •  So only 8 employees, but permitted to... (0+ / 0-)

        process the equivalent of many tons of high explosives, without any inspection since 1985.

        Does that mean if I want to process plutonium in my basement with 3 employees, I only get inspected every 7 years?

        •  OSHA does not routinely inspect (0+ / 0-)

          They show up only if there is a complaint or an accident reported.  

          At the state level:

          The Office of the State Chemist does regulate fertilizer safety, ... He said his office inspected West Fertilizer 12 times last year

          "No one life is more important than another. No one voice is more valid than another. Each life is a treasure. Each voice deserves to be heard." Patriot Daily News Clearinghouse & Onomastic

          by Catte Nappe on Fri Apr 19, 2013 at 02:08:53 PM PDT

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