Ethylene Oxide/OSHA Enforcement: Proposed Penalties for Verona, Missouri, Chemical Plant

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Occupational Safety and Health Administration (“OSHA”) issued a July 11th news release stating that it was undertaking enforcement against BCP Ingredients Inc. (“BCPI”).

BCPI is stated to operate a chemical plant in Verona, Missouri.

OSHA states that pursuant to a January 2023 inspection it cited the plant for four repeat and nine serious health and safety violations. A hazard alert letter was also stated to have been issued for what it described as “inadequate medical evaluation procedures for workers exposed to ethylene oxide.”

The alleged violations included:

  • Inadequate process safety management procedures and monitoring.
  • Failing to develop an emergency evacuation plan.
  • Failing to train workers on actions to take in the event of a chemical release.
  • Exposing respirators to ethylene oxide while in storage.
  • Allowing electrical safety hazards.

The BCPI plant is stated to produce for feed and animal supplements:

  • Choline
  • Nutrient encapsulation
  • Chelated minerals
  • Functional ingredients

BCPI has 15 days from receipt of the citations and penalties to comply, request and informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

A copy of the news release can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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