Region 5 News Release: 13-1794-CHI
Sept. 5, 2013
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

OSHA cites Fox Valley Systems for 26 safety violations after 3 workers
seriously injured in explosion and fire at Cary, Ill., paint plant
Proposed fines total $262,000, company placed in Severe Violator Enforcement Program

CARY, Ill. – Fox Valley Systems Inc. has been cited for multiple safety violations following an explosion and fire that resulted in serious injuries to three employees on March 6 at the Cary plant. The U.S. Department of Labor's Occupational Safety and Health Administration cited the company for 26 safety violations, including two willful violations where locked doors impeded exit routes and snow blocked exits, slowing employees from exiting the plant quickly. OSHA proposed penalties of $262,000 and placed the aerosol paint manufacturer in its Severe Violator Enforcement Program.

Flammable vapors ignited in the production facility, resulting in an explosion and fire that caused extensive damage to the building and the interconnected aerosol-propellant charging rooms. Multiple violations of OSHA's process safety management standards for facilities that use highly hazardous chemicals were found at the facility.

"In part, workers were injured in this tragic explosion because they could not get out quickly because of blocked exit doors. This is unacceptable for any business, and especially for one handling hazardous materials and chemicals daily," said Nick Walters, regional administrator for OSHA in Chicago. "OSHA is committed to ensuring best work practices to prevent endangering the safety and health of workers."

Fox Valley Systems Inc. was cited for six willful violations. Two of the willful violations concerned exit doors locked from the outside and the failure to provide unobstructed exit routes. As an example, an employee with clothing on fire crawled beneath conveyor lines and past a pallet of materials that partially blocked the exit path to forcibly open an exit door latched shut from the outside and blocked by snow. Another willful violation involved workers operating propane-powered industrial trucks in the production area where such use was not approved.

The remaining four willful violations involve OSHA's process safety management standards, including failure to develop and implement written, safe operating and mechanical integrity procedures; ensure that equipment complied with recognized and generally accepted good engineering practices; and conduct inspections and tests on process equipment. A willful violation is one committed with intentional, knowing or voluntary disregard for, or plain indifference to, employee safety and health.

A total of 20 serious safety violations include inadequate storage of flammable liquids; various electrical equipment deficiencies; and additional violations of process safety management elements, including employee participation, process safety information, implementation of safe work practices, employee training, emergency action planning and alarm systems, process hazard analysis and compliance audits.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The current citations may be viewed at http://www.osha.gov/ooc/citations/fox_valley_systems_893753_0905_13.pdf*

OSHA's Severe Violator Enforcement Program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

OSHA also conducted a separate and recent safety inspection in August of the company's paint striping, cart manufacturing operation located within the same warehouse. The company was cited for 11 violations involving electrical equipment deficiencies; not implementing safe electrical work practices and not providing electrically rated personal protective equipment; omissions in chemical labeling; failure to develop a hazardous energy control program; forklift training deficiencies; and not having fall protection at a ladder hatchway providing access to the roof. Penalties in that case totaled $22,800.

Fox Valley Systems Inc. employs approximately 23 workers.

The company has 15 business days from receipt of the citations and notice of proposed penalties to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. If a company does not file or contest within that period, it must abate the cited conditions within the period ordered in the citations and pay the proposed penalties.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's North Aurora Area Office at 630-896-8700.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.