State of Hawaii Department of Labor and Industrial Relations HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION - 830 PUNCHBOWL STREET, ROOM 423 HONOLULU, HI 96813 7 Phone: (808) 586-9090 Fax: (808) 586?9104 Certi?ed Mail Number: 7014 2120 0004 6049 9825 Citation and Noti?cation of Penalty To: In3pection Number: 1133727 University of Hawaii School of Earth Science Technology Inspection Date(s): 03/21/2016?09/?14/2016 Hawaii Natural Energy Institute Inc. Issuance Date: 09/ 16/201 6 and its successors 1680 East West Rd POST 802 Honolulu, HI 96822 Inspection Site: The violation(s) described in this Citation and 1680 East West Rd POST 802 Notification of Penalty is (are) alleged to hate Honolulu, HI 96822 occurred on or about the day(s) the inspection was made unless otherwise indicated within the description given below. This Citation and Notification of Penalty describes Violations of the Hawaii Occupational Safety and Health (HIOSH) Law. The penalty listed herein is based on these violations. You must abate the violations referred to in this Citation by the dates listed and pay the penalties, unless within 20 calendar days from your receipt of this Citation and Notification of Penalty, you file a contest in the manner described in the section ?Employer's Right to Contest? on page 2 of this Citation and Notification of Penalty. Please refer to the enclosed booklet (Employer Rights and Responsibilities Following a HIOSH Inspection) which outlines your rights and responsibilities and which should be read in conjunction with this Citation. Issuance of this Citation does not constitute a finding that a violation of the Law has occurred unless there is a failure to contest as allowed by Law or, if contested, the Citation is affirmed by the Hawaii Labor Relations Board (HLRB) or a court. Posting - The law requires that a copy of this Citation and Notification of Penalty be posted immediately in a prominent place at or near the location of the violation(s) cited herein, or, if it is not practicable because of the nature of the employer's operations, where it will be readily observable by all affected employees. This Citation must remain posted until the violation(s) cited herein has (have) been abated, or for 3 working days (excluding weekends and State holidays), whichever is longer. Informal Conference - An informal conference is not required. However, if you wish to have such a conference you may request one with the HIOSH Administrator during the 20 calendar day contest period. During such an informal conference, you may present any evidence or views which you believe would support an adjustment to the citation(s) and/or penalty. If you are considering a request for an informal conference to Citation and Noti?cation of Penalty Page 1 of 17 l-lL?2 (Rev. 10/ discuss any issues related to this Citation and Notification of Penalty, you must schedule it early enough to allow time to contest after the informal conference, should you decide to do so. Please keep in mind that a written letter of intent to contest must be submitted to the Administrator within 20 calendar days of your receipt of this Citation. The running of this contest period is not interrupted by an informal conference. If you decide to request an informal conference, please complete, remove and post the page 5, Notice to Employees, next to this Citation and Notification of Penalty as soon as the time, date, and place of the informal conference have been determined. Be sure to bring to the conference any and all supporting documentation of existing conditions as well as any abatement steps taken thus far. If cenditions warrant, we can enter into an informal settlement agreement which amicably resolves this matter without litigation or contest. Employers' Right to Contest You have the right to contest this Citation and Notification of Penalty. You may also contest all citation items or only individual items. You may also contest the penalty and/or abatement dates without contesting the underlying violations. To contest you must submit a signed original letter of contest to the Administrator which must be postmarked or, if not mailed, received by the Administrator within 20 calendar days after you receive this Citation and Notification of Penalty. The letter of contest must be a signed original and may n_ot be submitted by facsimile or e-mail. Address your letter of contest to the State of Hawaii Occupational Safety and Health Division at the address shown on the top of page 1 of this Citation and Notification of Penalty. Once a letter of contest is received, it becomes the jurisdiction of the HLRB. If a timely contest is not filed, the Citation and Notification of Penalty will become a final order of the Department of Labor and Industrial Relations and may not be reviewed by any court or agency. Penalty Payment Penalties are due within 20 calendar days of receipt of this notification unless contested. Make your check or money order payable to ?Director of Budget and Finance.? Please indicate the Inspection Number found on the front page on the remittance. HIOSH does not agree to any restrictions or conditions or endorsements put on any check or money order for less than the full amount due, and will cash the check or money order as if these restrictions, conditions, or endorsements do not exist. Noti?cation of Corrective Action For each violation which you do not contest, you are required by Section 12-51-22 to submit an Abatement Certification to HIOSH. The certification must be sent by you within 5_ calendar days of the abatement date indicated on the Citation. For Willful and Repeat violations, documents (examples: photos, copies of receipts, training records, etc.) demonstrating that abatement is complete must accompany the certification. Where the Citation is classified as Serious and the Citation states that abatement documentation is required, documents such as those described above are required to be submitted along with the abatement certificate. If the Citation indicates that the violation was corrected during the inspection, no abatement certification is required for that item. - All abatement veri?cation documents must contain the following information: 1) Your name and address; 2) the inspection number (found on the front page); 3) the citation and citation item number(s) to which the submission relates; 4) a statement that the information is accurate; 5) the signature of the employer or employer?s authorized representative; 6) the date the hazard was corrected; 7) a brief statement of how the hazard was corrected; and 8) a statement that affected employees and their representatives have been informed of the abatement. The law also requires a copy of all abatement verification documents, required by Section 12? 51-22 to be sent to HIOSH, also be posted at the location where the violation appeared and the corrective action took place. Employer Discrimination Unlawful The law prohibits discrimination by an employer against an employee for filing a complaint or for exercising any rights under this Act. An employee who believes that he/she has been discriminated against may file a complaint no later than 60 days after the discrimination occurred with the Hawaii Occupational Safety and Health Division at the address shown on the top of page 1 of this Citation and Notification of Penalty. Citation and Noti?cation of Penalty Page 2 of 17 HIOS (Rev. 10/14) 1 Employer Rights and Responsibilities - The enclosed booklet (Employer Rights and Responsibilities Following a HIOSH Inspection) outlines additional employer rights and responsibilities and should be read in conjunction with this notification. Employees' Right to Contest - The law gives an employee or his/her representative the opportunity to object to any abatement date set for a violation if he/she believes the date to be unreasonable. The signed original contest must be mailed to the Hawaii Occupational Safety and Health Division at the address shown on the top of page 1 of this Citation and Notification of Penalty and postmarked within 20 calendar days of the receipt by the employer of this Citation and Notification of Penalty. Inspection Activity Data - You should be aware that OSHA publishes information on inspection and citation activity on the Internet under the provisions of the Electronic Freedom of Information Act. The information related to your inspection will be available 30 calendar days after the Citation Issuance Date. You are encouraged to review the information concerning your establishment at If you have any dispute with the accuracy of the information displayed, please contact this office. Citation and Noti?cation of Penalty Page 3 of 17 (Rev. 10/14) ABATEMEN CERTIFICATION Company Name: University of Hawaii School of Earth Science InsPection Number: 1133727 Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East .West Rd POST 802, Honolulu, HI 96822 Issuance Date: 09/ 16/2016 ?List the Specific method of correction for each citation item and supporting documentation as appropriate in this Citation and Notification of Penalty that does not State ?Corrected? and return to: Department of Labor and Industrial Relations - Hawaii Occupational Safety and Health Division, 830 Punchbowl Street, Room 423, Honolulu, HI 96313. Citation and Item was corrected on How corrected: Citation and Item was corrected on How corrected: Citation and Item was corrected on How corrected: Citation and Item was corrected on How corrected: Citation and Item was corrected on How corrected: Citation and Item was corrected on How corrected: Citation and Item was corrected on How corrected: I attest that the information contained in this document is accurate and that the affected employees and their representative(s) have been informed of the abatement activities mentioned above and of their right to examine and copy this and all other abatement docnments submitted to HIOSH. Signature of the Employer or Date Employer?s Authorized Representative Typed or Printed Name Title Posting: For posting requirements please refer to Chapter 12-51, Hawaii Administrative Rules. Citation and Noti?cation of Penalty Page 4 of 17 Rev. 1 4) State of Hawaii Department of Labor and Industrial Relations Hawaii Occupational Safety and Health Division NOTICE TO EMPLOYEES OF INFORMAL CONFERENCE An informal conference has been scheduled with the Hawaii Occupational Safety and Health Division (HIOSH) to discuss the Citation and Notification of Penalty issued on 09/16/2016. The informal conference will be at the HIOSH office located at: 830 PUNCHBOWL STREET ROOM 423 HONOLULU, HI 96813 on at . Employees and/or representatives of employees have a right to attend an informal conference. Citation and Noti?cation of Penalty Page 5 of 17 HIOSHLQ (Rev. 10/ 14') State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/ 16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 1 Type of Violation: Serious HAR Every employer shall provide safe work places and practices by elimination or reduction of existing or potential hazards. Elimination of existing or potential hazards by design, process substitution, or other appropriate methods is preferred because it eliminates the need for further employee protection. When elimination is not feasible, reduction of existing or potential hazards to acceptable levels, using methods such as engineering or administrative controls, isolation, or guarding, shall be used. When these methods are inadequate to reach acceptable levels, personal protective equipment shall be provided and used. POST Building Laboratory 30 and adjacent areas The employer failed to provide a safe work place by reducing employee exposure to potential explosion and fire hazards. On or about March 16, 2016, laboratory personnel mixed compressed gases from hydrogen, carbon dioxide and oxygen cylinders into a 13 gallon Speedaire tank equipped with an Ashcroft digital gauge to produce feedstock gas for research. Between February 1, 2016 thru March 16, 2016, laboratory personnel utilized various ratios of the previously identified gases in their research efforts without conducting a hazard assessment and creating a written operating procedure. Feedstock gas meeting the parameters of the research would provide continual feeding of the microorganism to provide biofuels and bioplastics. The digital gauge used on the 13 gallon Speedaire tank at the time of the explosion was not evaluated as a possible ignition source and the tank itself was not evaluated for use with ?ammable gases. The failure to eliminate and or reduce explosion hazards resulted in a. severe injury to a Post Doctorate Researcher, nearly a million dollars of damage and evacuation of occupants and employees of the SOEST building on March 16, 2016. Feasible means of abatement include decreasing the amount of hydrogen and other flammable gases in the laboratory and utilizing consensus standards (CGA, NFPA, The consensus standards refer to the following protective measures including but not limited to, shielding (Blast Barriers or similar), pressure equipment design, pressure relief venting to a safe location, fire protection, electrical bonding and grounding, physical spacing, use of appropriate equipment, labeling, and maintenance procedures for work with hydrogen of such quantities. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 6 of 17 Rev. l0/ 1 4) State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016d09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Notification of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 2 Type of Violation: Serious HAR The employer shall ensure that practices are understood by all employees and are underscored through training, positive reinforcement, correction of unsafe performance, and, if necessary, through a clearly defined and communicated disciplinary system. POST Lab 30 and adjacent areas - The employer did not ensure that its safety practices were followed by employees and underscored through training, positive reinforcement and a clearly defined and communicated disciplinary system. The following practices were not being followed by employees: 1) Inspection reports for January 4, 2016 at POST 06 and on January 12, 2016 at POST 30 were not issued to Principal Investigators at the conclusion of the inspections. 2) Abatement responses to EHSO Inspections by Principal Investigators conducted on January 4, 2016 at POST 06 and on January 12, 2016 at POST 30 were not turned in within the 30 day period with signature and corrections by Principal Investigators as required by the employer. 2) Laboratory personnel checklist training provided to all lab personnel was not always filled out (signed by Post?Doctoral Researcher) and available for EHSO review as required by the employer. 3) Inventory chemical lists for POST 30 was not updated. 3) No determination was made at the level of the Department (Hawaii Natural Energy Institute) that inspections, trainings, written standard operating procedures were being conducted prior to March 16, 2016. Departmental level responsibilities include oversight over the Principal Investigators to ensure compliance with the University's safety and health requirements. The abovementioned practices/procedures were developed by the employer to address safety and health issues in the laboratory. Failure to adhere to the abovementioned practices undermines the employers safety and health program. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 Citation 1 Item 3 Type of Violation: Serious See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 7 of l7 HL-Z (Rev. 10/14) State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016?09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural I Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 HAR The employer shall conduct periodic in?house safety and health inspections so that new or previously missed hazards or failures in engineering, work practice, and administrative controls are identified. 7 The in?house iHSpections will be conducted by individuals who are trained to recognize hazardous conditions, as members of the safety and health committee or a person designated and trained by the employer for the facility safety and health program. POST Lab 30 The employer did not ensure periodic in house inspections were being performed in HNEI Laboratories to determine new or previously missed hazards. Annual inspections conducted by the EHSO do not provide enough frequency to account for frequent changes in engineering and work practice controls occurring the laboratory. Inspections were not conducted by someone trained to recognize the specific hazards associated with the following engineering change and the work practice change. No inspections were conducted to determine if the design change to a 13 gallon intermediate tank used to hold compressed hydrogen, carbon dioxide and oxygen was appropriate for use with ?ammable mixtures. No inspections were conducted to determine if the design change from an analog gauge to a digital gauge was appropriate for use with potentially ?ammable mixtures. The aforementioned demonstrates one instance for the employer to ensure that inspection frequency and inspector qualifications meet the demands of the employers safety and health program. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 8 of 17 (Rev. I0/l4'} State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/2 1/2016?09/ 14/2016 Hawaii Occupational Safety and Health Division "Issuance Date: 09/16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 4 Type of Violation: Serious HAR The employer shall ensure that the supervisors and managers understand their responsibilities under the safety and health program and their importance to the safety and health of the workplace. In particular, the training for managers and supervisors shall enable them to: Recognize potential hazards; Maintain safety and health protection in the work area; and Reinforce employee training on the nature of the potential hazards and required protective measures. POST Lab 30 Laboratory personnel working under the Principal Investigator did not use the required PPE at all times required. No progressive disciplinary action initiated or documented by the Principal Investigator. retraining provided to Principal Investigator to ensure that safety and health protections are maintained in the laboratory, specifically that Principal Investigator enforces the mandatory use of PPE and other safety and health requirements. HNEI Director responsibilities prior to March 16, 2016 was limited to a review of the Principal Investigator performance but safety was not a part of the review criteria, hence no safety review of any of the Principal. Investigator(s) unless an incident is reported. No review by the Director to ensure chemical storage and inventories were maintained. No review by the Director to ensure that inspections were closed out on an annual basis. Principal Investigator responsibilities per the chemical hygiene plan include a recognition of potential hazards to include addressing PPE non-compliance issues in the laboratory after repeated violations. Director responsibilities per the chemical hygiene plan include a recognition that maintaining chemical inventories and ensuring inspection closeout are current for all laboratories under the HNEI. The aforementioned reSponsibilities were not clearly understood by Principal Investigator and Director prior to March 16, 2016. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 9 of 17 HIOS (Rev. 10/ State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Notification of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 5 Type of Violation: Serious 29 CFR 1) [Refer Two exit routes. At least two exit routes must be available in a workplace to permit prompt evacuation of employees and other building occupants during an emergency, except as allowed in paragraph of this section. The exit routes must be located as far away as practical from each other so that if one exit route is blocked by fire or smoke, employees can evacuate using the second ex1t route. - POST Lab 30 Two exit routes were not available in the laboratory to permit prompt evacuation of employees and building occupants. Occupants of the laboratory work with hydrogen for research purposes. Cylinders stored near one means of egress and a portable container at times blocked the only other available means of egress to the one exit. Date by Which Violation Must Be Abated: . 10/21/2016 Penalty: $7,700.00 Citation 1. Item 6 Type of Violation: Serious 29 CFR 19 [Refer to The door that connects any room to an exit route must swing out in the direction of exit travel if the room is designed to be occupied by more than 50 people or if the room is a high hazard area contains contents that are likely to burn with extreme rapidity or explode). POST Lab 30 The exit door did not swing out in the direction of exit travel. The laboratory contains flammable compressed gas such as hydrogen in quantities between 75 standard cubic feet to 487 standard cubic feet. Hydrogen gas presents both a fire and explosive hazard. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: . $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 10 of 17 (Rev. 10/14') State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Notification of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 7 Type of Violation: Serious 29 CFR [Refer to Minimum elements of an emergency action plan. An emergency action plan must include at a minimum: Procedures to account for all employees after evacuation. HNEI Labs in POST - The employers emergency action plan(s) did not list the evacuation meeting point nor a way to account for the evacuees. At the laboratory level, no written plan was in place for the lab occupants to follow in particular no specific procedures for an uncontrolled chemical release. Emergency action plan also did not identify those responsible for fire extinguisher use in conjunction with the Fire Prevention Plan. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 Citation 1 Item 8 Type of Violation: Serious 29 CFR [Refer to An employer must review the emergency action plan with each employee covered by the plan: When the plan is developed or the employee is assigned initially to a job. HNEI Labs in Post The employer did not review the emergency action plan when employees were initially assigned. Principal Investigators were not aware of the specific meeting point for their laboratory personnel during an emergency. Post Doc Researchers were also not aware of a specific meeting point in the event of an emergency. Various scenarios are posted on the university website (Public Safety and EHSO), however no actual review or confirmation that occupants knew where to meet under fire, chemical release and explosion emergencies. Principal Investigators responsible for conducting and documenting such training per the chemical hygiene plan did not do 50. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 11 of 17 HIOSHLQ (Rev. [0/143 State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Notification of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation I Item 9 Type of Violation: Serious 29 CFR l9lO.39(c) [Refer to Minimum elements of a fire prevention plan. A fire prevention plan must include: A list of all major fire hazards, proper handling and storage procedures for hazardous materials, potential. ignition sources and their control, and the type of fire protection equipment necessary to control each major hazard; Procedures to control accumulations of ?ammable and combustible waste materials; Procedures for regular maintenance of safeguards installed on heat?producing equipment to prevent the accidental ignition of combustible materials; The name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition or fires; and The name or job title of employees responsible for the control of er1 source hazards. HNEI Labs in POST - A fire prevention plan did not include specific provisions to address potential ignition sources in the presence of hydrogen and other ?ammable gases. Examples include but not limited to cord and plug equipment, electrical receptacles, burners and digital equipment used in the laboratory. Fire prevention procedures established for all existing laboratories also did not include the name or job title of employees responsible for maintaining equipment to prevent or control sources of ignition of fires. The employer uses a website for generic fire safety awareness. There was no specific fire prevention plan in place for HNEI laboratories. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 12 of 17 (Rev. 10/ 14') State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Notification of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 . Citation 1 Item 10 Type of Violation: Serious 29 CFR [Refer to The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the employer shall: Select, and have each affected employee use, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment; (ii) Communicate selection decisions to each affected employee; and, Select PPE that properly fits each affected employee. POST Lab 30 Activities performed in the laboratory by researchers with the potential exposure to explosion and fire hazards were not assessed for appropriate personal protective equipment. Glove protection to guard against static discharge and laboratory coats and flame retardant lab coats to guard against fire were not assessed and communicated to laboratory personnel. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 Citation 1 Item 11 Type of Violation: Serious 29 CFR [Refer to The employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment. POST Lab 30 Activities performed in the laboratory by researchers with the potential exposure to explosion and fire hazards were not assessed for appropriate glove protection to guard against static discharge and laboratory coats and ?ame retardant lab coats to guard against fire. Documentation of the hazard assessment by? way of hazard evaluated, person performing the evaluation and date of evaluation was not created for this laboratory. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 13 of 17 (Rev. 10/14) State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 12 Type of Violation: Serious 29 CFR [Refer to Where hazardous chemicals as defined by this standard are used in the workplace, the employer shall develop and carry out the provisions of a written Chemical Hygiene Plan which is: Capable of protecting employees from health hazards associated with hazardous chemicals in that laboratory. HNEI Labs in Post - Where hazardous chemicals were used in the workplace, the employer did not carry out the provisions of a written Chemical Hygiene Plan which were capable of protecting employees from health hazards associated with hazardous chemicals in that laboratory. Inspections reports for inspections conducted in January 2016 at two laboratories (POST 06 POST 30) were not provided to Principal Investigators upon completion of inspection and were not verified as corrected and closed via the appropriate signature and dates within the 30 day period. Hazardous chemical means any chemical which is classified as health hazard or simple in accordance with the Hazard Communication Standard (?1910. 1200). Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Notification of Penalty Page 14 of 17 HIOSHL-2 (Rev. l4) State, of Hawaii Inspection Number: 1133727 . Department of Labor and Industrial Relations Inspection Date(s): 03/2 1/2016?09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 13 Type of Violation: Serious 29 CFR [Refer to 12?60-50, The Chemical Hygiene Plan shall include each of the following elements and shall indicate specific measures that the employer will take to ensure laboratory employee protection; Standard operating procedures relevant to safety and health considerations to be followed when laboratory work involves the use of hazardous chemicals. HNEI Laboratories in POST The employer?s Chemical Hygiene Plan did not include the standard operating procedures relevant to safety and health considerations to be followed when laboratory work involver? the use of hazardous chemicals. Standard Operating procedures were not available for formalin as indicated via EHSO inSpection on January 12, 2016. - - Standard Operating procedures were not available for chloroform as indicated via EHSO inspection on January 12, 201.6. Standard Operating Procedures for the 13 gallon gas mixing procedure was not developed prior to March 16, 2016. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages I through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 15 of 17 (Rev. 10/ 14) State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 14 Type of Violation: Serious 29 CFR [Refer to 12?60?50, The Chemical Hygiene Plan shall include each of the following elements and shall indicate specific measures that the employer will take to ensure laboratory employee protection; Criteria that the employer will use to determine and implement control measures to reduce employee exposure to hazardous chemicals including engineering controls, the use of personal protective equipment and hygiene practices; particular attention shall be given to the selection of control measures for chemicals that are known to be extremely hazardous. HNEI Laboratories in POST The employer's Chemical Hygiene Plan did not include criteria to determine and implement controls relevant to the gas mixing operation (engineering controls, PPE, Administrative). Also, particular attention must be given for selection of control measures for hydrogen, which is considered extremely hazardous due to the ?ammable/explosive nature of the chemical. The following specific measures could not be found in the employers chemical hygiene plan: Section F. Flammable Materials section and its associated Appendix VII "Requirements for storage and handling of ?ammable liquids," referenced only ?ammable liquids and not ?ammable gases (simple Section I. Compressed gas cylinders made no mention of any other specific gas or class of gases (?ammable gases) that may be used in the laboratory. The only specific gas mentioned under section I was oxygen. Section I. Handling and use number 3) No attempt shall be made to transfer gases from one cylinder to another, to refill cylinders, or to mix gases in a cylinder in the laboratory. The abovementioned directive was understood by employees for DOT cylinders and not secondary cylinders (ie, reactors, air tanks), no information in the Chemical Hygiene Plan on secondary cylinders wherein compressed gases were mixed. The abovementioned directive did not clarify specifically what measures employees could take to protect themselves if secondary containers were being used to mix compressed gases or provide basic precautionary measures to follow all manufacturer recommendations and industry best practices when mixing compressed gases. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 16 of 17 (Rev. 10/ 14) State of Hawaii Inspection Number: 1133727 Department of Labor and Industrial Relations Inspection Date(s): 03/21/2016-09/ 14/2016 Hawaii Occupational Safety and Health Division Issuance Date: 09/ 16/2016 Citation and Noti?cation of Penalty Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Citation 1 Item 15 Type of Violation: Serious 29 CFR [Refer to The employer shall review and evaluate the effectiveness of the Chemical Hygiene Plan at least annually and update it as necessary. HNEI Labs in POST ?The employer failed to review and evaluate the effectiveness of the Chemical Hygiene Plan at least annually and update it as necessary. Chemical Hygiene Plan dated August 2013 with Chancellor signature. Appendix and IV titled Limits for Air contaminants, Title 12 Chapter 202?4 and Limits for Air Contaminants Title 12 Chapter 202-4 are specific HIOSH standards. HIOSH discontinued these terms and incorporated Limits for Air Contaminants under 12?60?50 dated July .1 2011 effective February 13, 2012. Date by Which Violation Must Be Abated: 10/21/2016 Penalty: $7,700.00 Ti Shing Chao, Ma ager ccupational Healt Branch See pages 1 through 5 of this Citation and Noti?cation of Penalty for information on employer and employee rights and responsibilities. Citation and Noti?cation of Penalty Page 17 of 17 HIOSHL-2 (Rev. {0/14} State of Hawaii Department of Labor and Industrial Relations HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION 830 PUNCHBOWL STREET, ROOM 423 HONOLULU, HI 96813 Phone: (808) 586?9090 Fax: (808) 586?9104 SUMMARY OF PENALTIES Company Name: University of Hawaii School of Earth Science Technology Hawaii Natural Energy Institute Inc Inspection Site: 1680 East West Rd POST 802, Honolulu, HI 96822 Issuance Date: 09/ 6/2016 Summary of Penalties for Inspection Number: 1133727 Citation I Item 1, Serious Citation 1. Item 2, Serious Citation I Item 3, Serious Citation 1 Item 4, Serious Citation 1 Item 5, Serious Citation 1 Item 6, Serious Citation I Item 7, Serious Citation I Item 8, Serious Citation 1 Item 9, Serious Citation I. Item 1.0, Serious Citation 1 Item Serious Citation 1 Item 12, Serious Citation I Item 13, Serious Citation I Item 14, Serious Citation I Item, 15, Serious TOTAL PENALTIES: 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 7,700.00 $115,500.00 Make check or money order payable to the "Director of Budget and Finance." Please indicate the inspection. number and dba, if company name is different, on the remittance. A fee of $25.00 will be charged for any returned checks.