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U.S. slams DuPont Co.'s 'failed safety program' after 3 accidents

"Willful or repeated violations"

UPDATE: DuPont added this to its OSHA response last night: The company says it's "engaged in a continues process to improve," and is tehrefore "disappointed with OSHA's classification, and we will be working with the agency to understand its decision."

EARLIER: The U.S. Occupational Safety and Health Administration has placed DuPont in its Severe Violator Enforcement program after reviewing accidents at DuPont plants in Texas, New Jersey and Louisiana in late 2014. Four workers died in the Texas accident.

OSHA says DuPont earned its "Severe Violator" tag because it "demonstrated indifference towards creating a safe and healthy workplace by committing willful or repeated violations, and/or failing to abate known hazards." The company will submit to extra inspections under the program "to ensure compliance with the law."

"DuPont promotes itself as having a 'world-class safety' culture and even markets its safety expertise to other employers, but these four preventable workplace deaths and the very serious hazards we uncovered at this facility are evidence of a failed safety program," Dr. David Michaels, OSHA assistant director, said in a statement. "We here at OSHA want DuPont and the chemical industry as a whole to hear this message loud and clear."

DuPont sent me a statement defending its response to deaths and processes at its herbicide and hydroflouric acid units at the Texas plant, without immediately challenging OSHA's actions.  "We believe we have identified and are addressing most if not all of OSHA's significant findings," DuPont said. "We have shut down the herbicide unit in order to take corrective measures, and the unit will not restart until the work is complete. The review of the HF unit confirmed that the unit is safe to operate."

Also: "We have not had a chance to review OSHA's findings in detail; we will work with the agency to better understand the citations and any further required abatement. Operating the La Porte site safely is our number one priority. We have and will continue to take the necessary steps to ensure all units are safe to operate."

-"In November 2014, a worker was overcome at a DuPont chemical manufacturing facility when a supply line unexpectedly released more than 20,000 lbs. of methyl mercaptan, a deadly chemical. Three co-workers came to the worker's aid in an attempted rescue, but all four were asphyxiated fatally by the colorless, flammable, and highly toxic gas." OSHA investigated, and today "issued citations to DuPont for three willful, one repeat and four serious violations at their chemical manufacturing plant in La Porte. The agency has proposed penalties of $273,000 for these new violations." Read the OSHA citations against DuPont here.

- DuPont was also "cited in May for eight serious and one repeat violation regarding the fatalities with a penalty of $99,000." The company appealed. Citations here.

- "In addition, the company was cited at their Darrow, Louisiana facility in November 2014 and Deepwater, New Jersey facility in December 2014 for similar process safety management violations." Deepwater citation here.

DuPont has 15 days to comply, ask for an "informal conference" with OSHA's Houston director, or appeal to the independent Occupational Safety and Health Review Commission.