VALERO REFINING COMPANY-TENNESSEE LLC

According to U.S. Department of Labor enforcement records, VALERO REFINING COMPANY-TENNESSEE LLC — a petroleum refineries facility located at 543 WEST MALLORY AVENUE, MEMPHIS, TN 38109 — was the subject of a formal OSHA inspection that resulted in 58 citation(s) and cumulative proposed penalties of $172,850.00. The inspection case was opened on 2008-05-29.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 3.3 per 100 full-time workers — 22% above the national average of 2.7. The sector fatality rate is 2.3 per 100,000 workers.

Industry Benchmark: The total penalty of $172,850.00 is more than 20.5× the national average of $8,414.32 for facilities in the Manufacturing sector (NAICS 324110). This sector encompasses 52,095 inspected facilities nationwide with aggregate penalties totaling $438.3M.

State Context: Within TN, this facility's penalty places it at the 100th percentile among 40,481 inspected facilities. The statewide average penalty is $1,620.08.

Citation Analysis: The inspection produced 58 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 10 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 5 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm.

Enforcement Timeline: Citations were issued beginning November 5, 2008 with the latest abatement deadline set for June 15, 2009. Of the 58 total citations, 5 (9%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The cumulative penalty of $172,850.00 reflects OSHA's gravity-based penalty calculation methodology, which considers the severity of potential injury, the probability of occurrence, the employer's size, good faith, and violation history. The per-citation average of $2,980.17 falls within the standard penalty range.

The 2008 enforcement action against Valero Refining’s Memphis facility revealed a systemic