BAILEYVILLE, Maine (From news reports) -- Woodland Pulp LLC is contesting federal workplace safety citations and nearly $800,000 in proposed penalties issued after two employees died in a hydrogen sulfide gas release at its Baileyville mill earlier this year.
The company filed notices of contest after receiving the citations, according to Woodland Pulp spokesperson Scott Beal. The case is now before the U.S. Occupational Safety and Health Review Commission, an independent agency that reviews and adjudicates contested Occupational Safety and Health Administration (OSHA) citations.
"After receiving the citations, Woodland Pulp filed notices of contest. Consequently, the company will not have any further comment," Beal said in a statement.
OSHA announced July 30 that it had issued four willful and eight serious citations following investigations into two separate incidents at the Washington County mill. OSHA proposed $794,456 in penalties.
The most serious incident happened Jan. 27, when workers were performing a cold-weather shutdown and were exposed to high concentrations of uncontrolled hydrogen sulfide gas, according to OSHA. Two employees died as a result of the exposure.
A second investigation focused on a March 7 chemical fire that began after around 4,400 gallons of 50% hydrogen peroxide was released and mixed with wood pulp that had accumulated on the ground, OSHA said.
OSHA cited Woodland Pulp for allegedly failing to protect workers from dangerous hydrogen sulfide levels by not providing proper alarms or breathing equipment and for allowing wood pulp to accumulate in storage areas.
The agency also alleged the company failed to adequately train workers on hydrogen peroxide hazards, conduct required medical evaluations and fit testing for respirator users, properly label chlorine and acid lines, and control hydrogen sulfide exposure risks.
Elizabeth A. Kayatta, an attorney with Berman & Simmons representing the families of the two men who died, previously said the OSHA citations were significant.
"Of the tens of thousands of inspections OSHA conducts annually, it typically issues only a few hundred 'Serious-Willful' violations nationwide," Kayatta said. "The fact that OSHA issued four for what happened at Woodland Pulp on January 27 is significant."
OSHA said Woodland Pulp has been inspected 13 times since 2017, resulting in 13 serious and one other-than-serious violation. The agency noted that a 2017 inspection began after 14 employees were hospitalized following a chemical exposure in the same area involved in the current investigations.
Because Woodland Pulp contested the citations, OSHA said the matter will be sent to the U.S. Occupational Safety and Health Review Commission for independent review and adjudication.
The commission is an independent federal agency that is separate from OSHA.
The OSHA citations are allegations at this stage and remain subject to review through the litigation process.