BP misses their OSHA deadline--Now what?

When a deadly blast, at the BP Texas City refinery, killed 15 people and injured more than 170 people, in 2005, OSHA found that the company had committed more than 300 willful violations. OSHA ended up citing BP for $21.3 million. BP and OSHA worked out an agreement that obligated BP to fully review their process safety management systems and equipment throughout the refinery.

In a letter to the refinery manager, "OSHA Houston South Area Office Director Mark Briggs said BP was in danger of failing to comply with the agreement and gave the London-based company until Wednesday to correct the problems." BP spokesman Daren Beaudo said the company was working with OSHA to resolve any concerns but would not comment on whether the company would meet the Wednesday deadline.

It was just reported that BP, in fact, did not end up meeting their Wednesday deadline. A day after missing the deadline, BP is asking OSHA for more time to meet their safety requirements. The agency said it is taking the request under advisement. "OSHA had warned BP in August that if it did not make the safety upgrades in Texas City by Wednesday, the company would be in violation of a settlement agreement the two parties struck in September 2005, which also included a $21 million fine (chron.com)."

There's also the possibility that BP also could face more penalties from the Department of Justice, with which it made a separate plea agreement in 2007. BP had pleaded guilty to a felony violation of the federal Clean Air Act and agreed to fully comply with the OSHA pact. According to Brent Coon, a Galveston lawyer who represented workers and families affected by the BP accident, not meeting the deadline could cause the plea agreement to be voided and spur the Justice Department to slap BP with more fines on top of the $50 million it already has paid, as well as extend BP's existing three-year probation.

In response to reports, BP spokesman Daren Beaudo stated, “Since 2005, we have made substantial investments at Texas City in our people, our work processes, and in upgrading our facilities.”

Sources:
Clanton, Brett. "OSHA questions BP safety." Chron Energy. Houston Chronicle. Web. 24 Sept. 2009.
Lozano, Juan A. "OSHA alleges BP failed to make all required Texas City plant improvements, deadline Wednesday." Breaking News 24/7. 23 Sept. 2009. Web. 24 Sept. 2009.