On March 23, 2005, there was a tragic incident at a Texas City refinery in which 15 employees died and approximately 170 employees were injured. OSHA issued a lengthy citation which, among other things, alleged numerous facility siting deficiencies as “egregious and willful,” focusing on the placement of temporary trailers, the location for relieving blowdown stacks, and the lack of a blast resistant shelter.

This presentation will focus on the OSHA citations concerning facility siting, particularly those issued following the Texas City incident, and discuss the patterns of recurring hazardous conditions and the relevant industry standards. A checklist of facility siting issues developed from OSHA citations and other OSHA guidance documents will be discussed to assist employers in conducting future facility siting studies. Finally, the presentation will review the concept of “acceptable risk” (including qualitative and quantitative risk analysis) that has arisen in OSHA enforcement actions and review its application to facility siting issues.