OSHA Settlement Agreement
AB Specialty Silicones General Manager Mac Penman issued the following statement after reaching a settlement with the OSHA regarding the May 3, 2019 incident:
October 3rd, 2024
AB Specialty Silicones (“ABSS”) will never forget the tragic event which occurred on May 3, 2019. While ABSS will forever remember the loss of our colleagues and friends, we are extraordinarily proud of our ability to rebuild and grow after this horrific accident. Today, five years later, ABSS is a bigger, better, stronger, and safer company than ever before. Our commitment to safety is unwavering and our tremendous efforts in that regard were what led to the settlement agreement reached with OSHA. We are greatly disappointed, however, by the recent press release issued by OSHA. It is misleading and fails to recognize the extraordinary actions taken by ABSS immediately following the accident and prior to any agreement between the parties.
It is important to clarify that the citations issued by OSHA were unrelated to the cause of the accident. The unfortunate event was the result of operator error and failure to adhere to existing ABSS safety protocols. In response, we immediately contested the citations, and while the case was ongoing, we voluntarily implemented significant safety enhancements, including:
• ABSS immediately discontinued the sale and production of SiH containing emulsions – EM 652.
• ABSS rebuilt its Waukegan facilities, including its production and laboratories using state of the art standards and engaged outside engineering and design firms to confirm all aspects of the installations are above and beyond regulatory standards.
• ABSS achieved ISO 45001 certification in April of 2021.
• ABSS purchased 2 LPS forklifts at its Waukegan facilities to use when moving flammable liquids.
• ABSS employs multiple truck drivers with CDL’s.
• ABSS voluntarily adopted OSHA’s process safety management standard.
• ABSS upgraded its training platform by switching to Convergence.
• ABSS updated its emergency action plan.
• ABSS updated its emergency communication capabilities with the Weavix platform.
• ABSS presented its design for the new SiH polymer room to be installed at HC2.
While this list is not exhaustive, it reflects ABSS’s steadfast commitment to safety and played an important role in reaching a settlement with OSHA. It’s worth emphasizing that the majority of these safety improvements were implemented years before any settlement agreement was reached, though they were later formalized by both parties. We are, however, disappointed that OSHA’s recent communication did not fully recognize or highlight these efforts and the proactive steps taken by ABSS.
In further recognition of the tremendous efforts undertaken by ABSS, OSHA agreed at the time of the settlement to support ABSS’s request to enter into the OSHA VPP (Voluntary Protection Programs) Star Program. This is a program for employers and employees who demonstrate exemplary achievement in the prevention and control of occupational safety and health hazards. It is reserved for top companies in the United States in regard to safety management and performance. OSHA’s support of ABSS in this endeavor is further evidence of ABSS’ extraordinary and exemplary safety program.
The settlement agreement with OSHA helps bring closure to the tragic event which occurred on May 3, 2019. We will continue to strive to be a leader and at the forefront of safety programs for the betterment of our employees, community, and industry.