ALJ Decision and Order in Mansfield Industrial, Inc. Becomes a Final Order of the Commission
On October 5, 2016, a chlorine leak occurred at the Formosa Plastics facility in Point Comfort, Texas (“Worksite”). (Tr. 57–58). The leak caused six of Respondent’s employees to suffer respiratory injuries requiring hospitalization. (Tr. 60–61). Consistent with its obligation under the Occupational Safety Health Act of 1970, 29 U.S.C. § 651 et. Seq. (“Act”), Respondent notified Complainant about the incident. (Tr. 60). In response, Complainant initiated a Fatality/Catastrophe (FAT/CAT) investigation of Respondent and the Worksite. (Tr. 57–58). As a result of her inspection, Compliance Safety and Health Office (CSHO) Hilda Argullin recommended, and Complainant issued, a Citation and Notification of Penalty (“Citation”) alleging two violations of the Act. The Citation alleges violations related to training on hazardous materials and documentation requirements for the use of respirators; and includes a proposed penalty of $12,675. See 29 C.F.R. §§ 1910.1200(h)(1), 1910.134(f)(2). Respondent timely contested the Citation.