Mark V, Inc.

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Mark V offers the following and related Services:

Accident Investigation    Process Safety    Hazardous Materials    Hazard Assessments for Community Action Panels or Groups

Expert Witness

 Accident Investigation

Accidents are very expensive. Besides the obvious costs to rebuild the facility, the incident may involve injury to employees, the public, or the environment and result in lawsuits. They demoralize the employees and productivity suffers. The public looses confidence in management and may demand radical changes including closing the facility. Customers may be forced to buy from your competitors and never return. Your insurance rates may go up and it may even be cancelled.

Near misses and minor incidents may be the precursors of a major accident. Regardless of the magnitude or severity, when an incident occurs, it must be thoroughly investigated to determine the root causes so that they can be addressed and eliminated.

I offer 35 years of accident investigation experience in the chemical, petrochemical, plastics and pulp & paper industries.  I use the multiple cause, systems oriented incident investigation methodology in determining the underlying causes of the incident.  This method is far superior to the superficial studies frequently performed which might prevent the same accident from occurring but which will not necessarily prevent similar, or more severe accidents.  These superficial studies often determine that the incident was either an “Act of God” or solely the result of “Operator Error,” which are seldom the case.  Most accidents are actually the result of flaws in management systems, and failure to comply with OSHA’s PSM regulation and good engineering practices.  As an expert in Recognized and Generally Accepted Good Engineering Practices, OSHA's PSM regulation, and EPA's Risk Management Program, I am able to identify the flaws in the company’s management systems and the root causes of the incident.

I am a chemical engineer with diverse experience in the chemical industry.  I have held the positions of R&D Engineer, Process Engineer, Project Engineer, Maintenance Foreman, Engineering Manager & Chief Engineer, Technical Manager, Plant Manager, and Vice President & General Manager.  Within these positions, I have performed, and/or directly supervised the performance of all of the requirements of the PSM regulation.

 

Typical Incidents investigated: Trichloroethane reactor explosion, Amidization reactor explosion, Chlorine production mercury cell explosion, Sodium chlorate electrolytic cell explosion, mother liquor mix tank (hydrogen) explosion, Calcium hypochlorite warehouse fire, Calcium hypochlorite conveyor/baghouse fire, Hydrogen chloride distillation column explosion, Transformer fire, Rectifier fire, Polymerization batch reactor fire and explosion, Monomer storage tank fire and explosion, Wastewater treatment system explosion, etc.  Accident investigation report reviews include: Refinery waste water tank fire, Recycle gas compressor explosion, and Cat cracker explosion and fire.

 

Available on short notice. The sooner the investigation starts, the sooner you will know what changes need to be made and the easier it will be to determine the root causes. Reports on earlier accidents can also be reviewed to determine if the superficial or root causes were determined, and recommendations on follow-up actions can be made.

 

Process Safety

Process Safety deals with the design, operation, maintenance, and management of a process in a manner such that the risks and hazards to the employees, the public, and the environment are minimized. The guiding principals of process safety require that Recognized and Generally Accepted Good Engineering Practice (RAGAGEP) be used. These practices are specified in numerous consensus standards from professional organizations (i.e.:   AIChE, ASME, NFPA, etc.) and have become law in many cases under OSHA’s PSM regulation and EPA’s RMP rule. These practices have been used for a long time however; many before OSHA and EPA were formed, because many companies recognized that the use of them provided financial rewards. Many managers have recognized that processes which operate safely and reliably usually also have high productivity, minimal incidents,   high product quality, and reduced costs. These managers embrace the concept of RAGAGEP and insist that the methodology be fully implemented.

I offer over thirty years of experience in developing and using process safety in the design, operation, maintenance, and management of processes and facilities. Areas of expertise include: Process Hazards Analysis, Risk Assessment, Process Safety Information, Technology Safety Data Sheets, Operating Procedures, Maintenance Procedures, Training, Accident Investigation, Emergency Planning and Response, Emergency Response Data Sheets, Continuous Improvement, Management of Change, Work permits, Pre-Startup Safety Review, Employee Participation, Contractor Safety, Inherent Safety, and Auditing. A comprehensive auditing protocol is used to determine: the degree to which RAGAGEP has been used, OSHA’s PSM regulation compliance, EPA’s RMP rule compliance, and to identify gaps and areas for improvement. Assistance is also available in closing any identified gaps, or in providing guidance on how to do the work yourself.

 

Expert Witness

As an expert in accident investigation, process safety management and recognized and generally accepted good engineering practices, I am frequently asked to serve as an expert witness.  When serving in this position, I use all of my thirty plus years of experience to evaluate all of the evidence, form my conclusions and render my opinions.

RECENT INCIDENT INVESTIGATIONS 

Incident

Facility

Client

Polymerization reactor explosion

Phillips Chemical;  Pasadena, TX

Williams Bailey Law Firm

Molten tar storage tank eruption

AlliedSignal;  Ironton, OH

Palmer, Volkema, & Thomas,

Pyrophoric material fire

Akzo-Nobel;  Deer Park, TX

Vickery & Linebaugh, PC

Butadiene storage tank explosion

Phillips Chemical;  Pasadena, TX

Williams Bailey Law Firm

Toxic material release

Lonza;  Bayport, TX

Schechter, McElwee, & Shaffer, LLC

Toxic material release

Celanese/Clariant;  Bucks County, AL

Cunningham, Bounds, Yance, Crowder, & Brown, LLC

Unexpected equipment startup

Louisiana-Pacific;  Silsbee, TX

Provost Umphrey Law Firm

Energetic release of energy

Agrium;  Borger, TX

Williams Bailey Law Firm

 

Hazardous Materials and Hazardous Waste Site Remediation

The Clean Air Act of 1990 requires that new technologies be developed to remediate hazardous waste sites. As a result, many universities, research organizations, and entrepreneurs are developing innovative new hazardous waste site remediation technologies. In many cases, the new technology is used with several other unit operations to form a process.  Such processes are referred to as a Type II Remediation Technology. I have prepared a protocol for determining the degree of compliance with RAGAGEP and process safety for Type II Technologies that has been published by the OENHP, endorsed by OSHA and is available at http://www.iuoeiettc.org/publications.htm . I was also a contributor and editor for a companion document which provides guidance criteria for occupational safety and health issues associated with new environmental remediation technologies.  I offer guidance and direction in using these documents to help ensure that the innovative new technology will comply with the requirements of the DOE, DOD, financial backers, insurance companies, and the communities where the technology will be used.

Hazard Assessments for Community Action Panels or Groups

Many chemical facilities handling highly hazardous chemicals are located adjacent to communities.  Fires, explosions and releases of toxic materials have the potential for either directly or indirectly affecting these communities.  These events could cause deaths, serious personal injury, or chronic illnesses and loss of jobs.  It is only natural for these communities to be concerned about the threats that these facilities pose to them, especially if there has been an incident in that facility that affected the community, or potentially could have affected the community.  Community Action Panels, or CAPs, normally interact with these facilities on a regular basis to stay abreast of what the facility is doing and to voice concerns.  These meetings are very valuable, but may not be sufficient to calm the fears of the community.  The best way to determine if these concerns or fears are valid is to perform a hazard assessment of the company.  Such an assessment will determine the hazards presented by the facility, the safeguards that are in place to protect against them, and recommendations, if any, on how to improve the existing safeguards or supplement them.  This assessment provides a win-win solution for both the facility and the community.  It gives the facility the chance to show that they have sufficient safeguards in place to protect the community, if this is the case.  It also give the community a sense of security if it is determined that sufficient safeguards are in place, or a chance to request that safeguards be improved or supplemented, if improvements are recommended.  The decisions of the facility and the community will be made in a cooperative manner based on facts and not speculations or assumptions. 

 

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