OSHA fines Cuisine Solutions $131K

Following an investigation, the Virginia Occupational Safety and Health program (VOSH) cited Cuisine Solutions, Inc. following a July 31, 2024 release of hazardous anhydrous ammonia at its food processing facility in Sterling, Virginia.

During the incident, a toxic cloud of ammonia injured dozens of workers and exposed critical deficiencies in the facility’s safety systems. VOSH issued 10 citations through OSHA totaling $131,535.

The U.S. Chemical Safety and Hazard Investigation Board (CSB) also recently released its final report. As a result of its investigation, the CSB issued six safety recommendations to Cuisine Solutions and the International Institute of All-Natural Refrigeration (IIAR).

OSHA issues $131K in fines

Eight of the citations fall under 29 CFR §1910.119 - Process safety management of highly hazardous chemicals. This regulation contains requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals which may result in toxic, fire, or explosion hazards.

Safety and health considerations

• Standard: 29 CFR §1910.119(f)(1)(iii)(B) and (D)
• $15,875 penalty (x2)
• Descriptions: Operating procedures: The employer shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information and shall address at least the following elements - safety and health considerations:
  • (f)(1)(iii)(B) Precautions necessary to prevent exposure, including engineering controls, administrative controls, and PPE.
  • (f)(1)(iii)(D) Quality control for raw materials and control of hazardous chemical inventory levels

Training

• Standard: 29 CFR §1910.119(g)(1)(i), (g)(2), and (g)(3)
• $12,135 penalty (x3)
• Descriptions:
  • (g)(1)(i) Initial training: Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in paragraph (f) of this section. The training shall include emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.
  • (g)(2) Refresher training: Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process. The employer, in consultation with the employees involved in operating the process, shall determine the appropriate frequency of refresher training.
  • (g)(3) Training documentation: The employer shall ascertain that each employee involved in operating a process has received and understood the training required by this paragraph. The employer shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.

Mechanical integrity

• Standard: 29 CFR §1910.119(j)(5)
• $15,875 penalty
• Description: Equipment deficiencies: The employer shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in paragraph (d) of this section) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

Management of change

• <>Standard: 29 CFR §1910.119(l)(2)(ii)
• Description: The procedures shall assure that the following considerations are addressed prior to any change: Impact of change on safety and health.

Incident investigation

• Standard: 29 CFR §1910.119(m)(3)
• $15,875 penalty
• Description: An incident investigation team shall be established and consist of at least one person knowledgeable in the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience to thoroughly investigate and analyze the incident.

Employee alarm systems

• Standard: 29 CFR §1910.165(b)(5)
• $7,025 penalty
• Description: General requirements: The employer shall establish procedures for sounding emergency alarms in the workplace. For those employers with 10 or fewer employees in a particular workplace, direct voice communication is an acceptable procedure for sounding the alarm provided all employees can hear the alarm. Such workplaces need not have a back-up system.

Hazard Communication

• Standard: 29 CFR §1910.1200(h)(2)(ii)
• $15,875 penalty
• Description: Information: Employees shall be informed of any operations in their work area where hazardous chemicals are present.

Cuisine Solutions contested all fines issued by VOSH and OSHA

Previous state fines for signage, exit routes

Local news outlet the Loudon Times-Mirror reported prior to the incident, Cuisine Solutions had accumulated $89,842 in fines for state safety violations since 2020, according to the Virginia Department of Labor and Industry (VDOLI).

Department records showed several fines for violations found in investigations dating back to November 2020. The violations included fines related to accident prevention signage, general equipment violations, maintenance and machinery violations, as well as problems with “mechanical power-transmission apparatus” and “operational features for exit routes.”