Kessler Thermometer, Inc., is an active thermometer and hydrometer manufacturer located in West Babylon, NY. On August 29, 2022, a piece of equipment used
to fill thermometers apparently malfunctioned and released mercury into the
facility, likely due to human error. Six employees reportedly sought medical treatment
for mercury exposure at different medical facilities. One of the medical
facilities notified both OSHA and NYSDOH that they were treating a Kessler employee who exhibited signs of
acute mercury exposure who was in critical condition.
In response to the reported mercury exposure, OSHA conducted inspections at the Kessler facility on
September 12 and 19, 2022. Based on inspection findings, OSHA and NYSDOH later raised concerns to NYSDEC that
elemental mercury may have been tracked from the Kessler facility and contaminated employee vehicles,
residences, and personal belongings. In response to these concerns, NYSDEC requested EPA on October 24, 2022, to perform mercury screening at employee
residences. Only four employees allowed
EPA access to their residences between November 1 and November 4, 2022. Mercury was found at trace levels below EPA
action levels in more than one residence.
Details of the EPA residential assessment can be found at https://response.epa.gov/Kessler.
EPA later determined that a more
detailed assessment of the Kessler facility was needed, and after gaining
limited conditional access, EPA returned to the site to conduct assessment
activities. Under strict time constraints associated with access restrictions, EPA and START conducted a
limited assessment of the facility exterior on October 11, 12, and November 22,
2023. EPA assessed the facility interior
on December 1 and 2, 2023.
Results of the limited assessments indicated
extensive mercury contamination on the interior and exterior of the site and
that active tracking of elemental mercury was occurring. EPA entered
negotiations with the property owner and the facility operator to conduct a
removal action in January of 2024. The PRPs
were reluctant to commit to a removal action until a definitive removal Scope
of Work (SOW) could be identified. The property
owner eventually entered into an Administrative Settlement Agreement
and Order on Consent (AOC) with the USEPA on November 26, 2024, to conduct a comprehensive assessment of
the facility and define a SOW for a removal action. The operator is not a party to the AOC.
