Formosa Plastics Corp., a Texas-based plastics company, has agreed to pay almost $3 million in civil penalties. The payout comes after the Department of Justice announced that the company violated the Clean Air Act. In addition to the fine, the company has also agreed to revamp its risk management program at the plant located in Point Comfort in order to ensure the safety of the workers and the environment.

According to the DOJ, the complaint filed against the company cited 20 violations of the CAA. “Formosa repeatedly failed to comply with the chemical accident prevention provisions of the Clean Air Act at the Point Comfort plant, repeatedly placing their workers, neighbors, and the environment in danger,” shared Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.

Formosa was under investigation by the U.S. Environmental Protection Agency after a series of explosions, accidental releases of chemicals, and fires erupted at the plant which is located in Point Comfort, along the gulf coast. The accident occurred between 2013 and 2016. As a result of these incidences, workers at the plant suffered severe burns and inhaled chlorine during accidental releases. Many of the workers who suffered injuries required hospitalization because of severe burns or exposure to the gas. Additionally, property around the plant was damaged because of the extremely hazardous substances that were released into the environment.

As part of the improved risk management program, Formosa Plastics will have to conduct an audit done by a third party that will look at management practices and offer corrective actions to ineffective current practices.

A Pattern of Safety Violations

This is not the first time the plastics company has been the target of controversy. In 2019, a Texas resident brought forward a lawsuit against the company after Formosa Plastics spilled harmful pellets into the waterways near the Gulf. As a result of the lawsuit, Formosa Plastics agreed to a $50 million settlement.

In 2006, the company was fined $148,000 by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for similar reasons. In October 2005, a forklift snagged on a pipe which set off a blast that burned throughout the facility. As a result of the blast, 12 people were injured. An additional four people were sent to the hospital with severe burns. The victims went on to file a lawsuit against the company. In the lawsuit, they petitioned that Formosa failed to give employees proper safety equipment. Additionally, the complaint highlighted the lack of safety protocols in place and cited vehicles such as forklifts being allowed to roam through the warehouse without any designated routes.

John Giefer, OSHA's area director in Corpus Christi, revealed that after the incident, the company had been inspected by OSHA several times for the same violations. "If the company had followed OSHA standards, it is possible that the injuries sustained by these workers could have been avoided," Giefer Explained.

Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas shares that this latest complaint against the company is a step forward in protecting the workers and the environment. “This case demonstrates the importance of adopting and executing adequate chemical safety procedures to protect the safety of workers, the community, and the environment,” Lowery remarked after the civil penalty against the company was announced.