Compromise Order - 24-0021-SH-CE - Henkel US Operations Corp

Decision paragraph 1On September 12, 2023, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a compliance inspection at a facility in Warren, Michigan, pursuant to 49 U.S.C. § 5121 and 49 C.F.R. § 107.305.#

Decision paragraph 2PHMSA's investigator reported three alleged violations of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigator conducted an “exit briefing” during which the investigator discussed the alleged violations and the required corrective actions with Respondent's representative.#

Decision paragraph 3Upon completion of the compliance inspection, the investigator submitted a report to the Director of OHMSFO's Central Region, who reviewed the report for accuracy and sufficiency of evidence.#

Decision paragraph 4Based on that review, the Regional Director referred the matter to PHMSA's Office of Chief Counsel thereby recommending the initiation of a civil penalty action against Respondent pursuant to 49 C.F.R. § 107.311.#

Decision paragraph 5Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violations, as set forth in the inspector's report, on May 30, 2024, an attorney from PHMSA's Hazardous Materials Safety issued a Notice of Probable Violation ("NOPV") alleging three violations of the HMR and proposing a $3,825 civil penalty.#

Decision paragraph 6In determining the amount of a civil penalty, PHMSA considered the following statutory criteria (49 U.S.C. § 5123(c)): (1) The nature, circumstances, extent, and gravity of the violations; (2) The degree of culpability and history of prior violations; (3) Respondent's size; (4) Respondent's ability to pay the penalty and its ability to continue to do business; and (5) Other matters as justice may require.#

Decision paragraph 7Respondent has described the circumstances surrounding the violations, including Violation 1, in part, resulting from not testing and collecting the test of the hazmat employee immediately after hazmat training, and Violation 2 resulting from a software glitch that adjusted or scaled the text to fit the label decreasing its height below the required minimum.#

Decision paragraph 8Based on this and for the purpose of compromise, the total penalty is reduced by 25%.#

Decision paragraph 9Respondent agrees to pay the sum of $2,869, as full satisfaction of the civil penalty proposed in the Notice, within thirty (30) days of the date the Chief Counsel issues the Final Order, which will issue after Respondent signs and returns this Agreement.#