OSHA Fines Lansdale Company $213,700 for Workplace Hazards
LANSDALE, Pa. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OHSA) has cited Crystal Inc.-PMC for alleged safety and health violations, proposing $213,700 in penalties. The Lansdale, Pa., company manufactures specialty chemicals and employs 51 people.
OSHA initiated its investigation in January 2006 in response to an employee complaint. According to Jean Kulp, area director of the OSHA Allentown, Pa., office, the company was cited for seven repeat violations, which carry a penalty of $112,700; 34 serious violations, which carry a penalty of $98,000; and three other-than-serious violations, which carry a penalty of $3,000.
"Crystal Inc.'s refusal to correct previously identified violations jeopardizes its ability to maintain a safe and healthy work environment," says Kulp. "It is imperative that the company abate the hazards to protect workers at the plant."
The repeat violations address hazards associated with the following: poor housekeeping; walking and working surfaces; inadequate fall protection; deficiencies in confined-space procedures; and blocked eyewash stations and electrical deficiencies. The serious violations include hazards associated with the following: combustible organic dust; storage of incompatible chemicals; respiratory protection; powered industrial trucks; hazard communication deficiencies; handling of formaldehyde; lockout/tagout (prevents the inadvertent start-up of machinery); material storage; and welding equipment and live electrical parts. The other-than-serious violations are due to record-keeping deficiencies, overexposure to particulates and various electrical deficiencies.
A repeat violation is one in which the employer has been cited during the past three years for substantially similar violations. A serious violation is issued when there is substantial probability that death or serious injury could occur from a hazard about which the employer knew or should have known.
The company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission.
OSHA Fines Flushing Hospital $112,500 for Formaldehyde Hazards
FLUSHING, N.Y. -- A Flushing hospital's alleged failure to protect workers from exposure to formaldehyde has resulted in $112,500 in fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).
New York Hospital of Queens was cited for two alleged willful and three alleged serious violations of health and safety standards following an inspection by OSHA's Queens district office, which began Dec. 15 in response to an employee complaint. The complaint concerned possible overexposure to formaldehyde for pathology assistants and oral pathology residents working with specimens stored in containers filled with formalin, a preservative that contains formaldehyde.
The hospital did not promptly monitor employees' exposure to formaldehyde after they reported signs, symptoms or respiratory conditions consistent with exposure and did not ensure that all employees who worked with formaldehyde were provided proper training.
"Exposure monitoring and employee training are key tools for identifying and addressing formaldehyde hazards before they affect workers," said Richard Mendelson, OSHA's area director for the boroughs of Queens, Brooklyn and Manhattan, N.Y. "The hospital knew these safeguards were required and did not implement them even after employees displayed exposure symptoms."
The willful citations, carrying $99,000 in proposed fines, were for failure to promptly monitor employees with exposure to, and provide training for employees having exposure to, formaldehyde. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
Serious citations were for failing to repeat initial exposure monitoring when there were changes in personnel and control measures, failing to provide medical surveillance for overexposed employees and failing to inform employees of the results of exposure monitoring. Proposed fines totaled $13,500. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.
Formaldehyde is a colorless, strong-smelling gas often used as a preservative in medical laboratories. A suspected human carcinogen, it has been linked to nasal and lung cancer, with possible links to brain cancer and leukemia. Acute exposure is highly irritating to the eyes, nose and throat. Long-term exposure to low levels may cause respiratory difficulty and skin irritation.
New York Hospital of Queens has 15 business days from receipt of the citations to request and participate in an informal conference with OSHA or to contest the citations before the independent Occupational Safety and Health Review Commission. Employers and employees in Queens with questions regarding workplace safety and heath standards may call the OSHA Queens district office at (718) 279-9060.
OSHA Fines Arlington Heights Company $209,500 for Unsafe Hazardous Waste Clean-up Activities at Shuttered Battery Plant
CHICAGO -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has proposed $209,500 in fines against Viasant LLC, Arlington Heights, Ill., for alleged willful and serious violations of workplace safety and health standards following an investigation into possible lead exposure to workers at the site of a former battery plant in Kankakee, Ill.
OSHA opened an inspection in February 2006 following receipt of information that Viasant employees were experiencing elevated levels of lead in their blood. The inspection revealed violations of virtually every provision of OSHA's lead standard, according to OSHA Area Director Gary Anderson, Calumet City, Ill.
"Failing to comply with the lead standard not only puts workers at risk, but their families as well," said Anderson. "The health effects of overexposure to lead can be devastating. When employers shirk their responsibility to keep the workplace clean of these dangerous substances, the results can be tragic for workers and their families."
The investigation resulted in citations for seven willful and seven serious violations of federal workplace safety and health regulations, including the failure to comply with OSHA's respirator, cadmium and lead standards. OSHA is alleging that Viasant failed to provide medical protection benefits and training for workers, failed to monitor for lead and cadmium, did not provide employees with respirator fit tests, failed to provide clean changing rooms, a clean lunch room or showers for employees exposed in excess of permissible exposure limits for lead, among other violations.
The company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission.
Kearny, N.J. Company Faces $136,000 in Fines for Exposing Workers to Workplace Hazards
KEARNY, N.J. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Radial International Corp. for alleged safety and health violations, proposing a total of $136,000 in penalties. The Kearny, N.J., company, doing business as Radio Casting Corp., is a brass foundry and aluminum die-casting operation that employs 35 workers.
OSHA initiated its investigation in December 2005 in response to a referral by the Kearny Fire Department concerning open burning in the company's facility. According to Phil Peist, area director of OSHA's Parsippany, N.J., office, the company was cited for three willful violations with a penalty of $90,000; 25 serious violations with a penalty of $45,000; and three other-than-serious violations with a $1,000 penalty.
"These violations have the potential of leading to serious harm to the workers at Radio Casting Corp.," said Peist. "The company must take whatever steps necessary to eliminate these hazards immediately to ensure a safe and healthy workplace for their employees."
Alleged willful violations address the company's failure to provide free and unobstructed access to exits; failure to provide an effective hearing conservation program; and failure to ensure that employees are appropriately protected when working with molten metal.
The alleged serious violations include the company's practice of the open burning of debris within the production area of its facilities; the company's failure to have safe clearance in the aisle way used to transport molten metals; failure to provide easily accessible exit routes; failure to properly guard machinery; and failure to properly protect employees from lead exposure. The company also received three other-than-serious citations for its failure to provide employees with important safety and health information and for failure to maintain proper records.
The agency cites a violation as willful when committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious citation is issued when there is substantial probability that death or serious injury could occur. The company has 15 working days to contest the citations before the independent Occupational Safety and Health Review Commission.
Fatality Investigation Brings Injury and Illness Record Keeping Violations to Light; OSHA Citations and Fines Total $81,600
BATON ROUGE, La. -- A Monroe, La., industrial tank and vessel fabrication company's alleged failure to protect employees from hazards that led to a worker's death, and its inadequate maintenance of injury and illness records have resulted in proposed penalties totaling $81,600 from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).
James Machine Works Inc. was cited for the alleged violations following a fatality investigation that began Dec. 28, 2005, at a plant in Plaquemine, La. Employees were constructing a new floor within an above ground storage tank when a worker was hit by a skid steer. The company employs approximately 170 workers.
Two alleged willful violations were issued for failing to record employee injury and illnesses on the OSHA 300 logs and for not verifying the accuracy of the logs. OSHA defines a willful violation as one committed with intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act.
"Accurate worker injury and illness records are vital to identify injury trends and hazards," said Greg Honaker, OSHA's area director in Baton Rouge. "Targeting these trends and providing employee training improves worker safety as well as employee moral."
One alleged serious violation was issued for lack of equipment operator training. A serious violation is one that could cause death or serious physical harm to employees and the employer knew or should have known of the hazard.
Three other-than-serious violations were issued for failing to complete the OSHA 301 logs (first report of injury), not removing damaged synthetic slings from service, and not providing substantially insulated connections for joining welding cables together. An other-than-serious violation is a condition that would probably not cause death or serious physical harm but would have a direct and immediate relationship to the safety or health of the employees.
The company has 15 working days from receipt of the citations to comply, request an informal conference with the Baton Rouge area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
Cottage Grove, Wis., Grain Elevator Operator Fined $153,450 for Federal Workplace Safety Violations
MADISON, Wis. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $153,450 in fines against Landmark Services Cooperative, an agribusiness company located in Cottage Grove, Wis., for alleged willful and serious violations of safety standards involving the safe operation of a grain elevator in McFarland, Wis.
OSHA officials opened an inspection in January, following receipt of information that a Landmark employee had become engulfed in soybeans while working inside a grain bin in McFarland without proper and necessary safety equipment or training.
The investigation resulted in citations for two alleged willful violations of federal workplace safety regulations, including failure to provide employees entering grain bins with harnesses and lifelines, and permitting employees to walk on moving grain flowing out of the bin. OSHA also issued five alleged serious violations addressing the company's failure to train employees on grain bin entry hazards, failure to lock out the grain auger inside the bin prior to employee entry, failure to test the atmosphere inside the bin for oxygen content, failure to provide suitable rescue equipment and failure to train employees who act as observers.
"Some of these violations have the potential to kill employees inside those confined spaces," said OSHA Area Director Kimberly Stille, Madison, Wis. "When employers shirk their responsibility to keep the workplace safe, the results can be tragic for employees and their families."
Landmark Services Cooperative employs approximately 300 people. The company has no previous history with OSHA. Landmark Services Cooperative was established in 2003 to serve customers in southern Wisconsin and northern Illinois. The company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission.
Sandusky, Ohio, Excavation Contractor Fined $251,250 for Unprotected Trench Work at Fremont Water Main Project
TOLEDO, Ohio -- Following inspections at excavation worksites in Fremont, Ohio, the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has proposed $251,250 in fines against Speer Bros. Inc., Sandusky, Ohio, for alleged willful and serious violations of safety standards.
OSHA opened an inspection in December 2005 following receipt of information that employees were working in unprotected trenches, some as deep as 13 feet, during construction of the City of Fremont Water Main Improvement Project.
The investigation resulted in citations for five willful violations of federal workplace safety regulations, including the failure to provide access and egress from deep trenches, failing to protect workers from cave-ins while inside those trenches, failing to protect against water accumulation inside the trenches and failing to remove employees from hazardous areas after having been advised of hazardous conditions that could result in cave-ins.
"Any one of these violations has the potential to kill the workers inside those trenches," said OSHA Area Director Jule Hovi, Toledo. "Trenching remains one of the most hazardous jobs in construction if proper safety procedures are not followed. When employers shirk their responsibility to keep the workplace safe, the results can be tragic for workers and their families."
Speer Bros. Inc. has an inspection history involving trenching violations dating back to 1992, including willful citations issued in December 2005. The company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission.
Confined Space Hazards at Nowata, Okla., Worksite Bring OSHA Citations and Fines Totaling $62,550
OKLAHOMA CITY -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations against Cunningham Sandblasting and Painting Co. Inc. with proposed penalties totaling $62,550. The fines were assessed for alleged safety violations following an investigation at a company worksite on Highway 60, Road 409 in Nowata, Okla.
Cunningham Sandblasting and Painting, headquartered in Joplin, Mo., employs about 25 workers, two of whom were at the worksite. The company was issued citations for two alleged willful and 17 alleged serious safety violations following an OSHA inspection that began Dec. 20, 2004. Employees were painting the inside of a water tower without the use of respiratory equipment, exposing workers to a hazardous condition.
"Health and safety standards must be followed to protect employees from injuries and fatalities," said James Brown, OSHA's area director in Oklahoma City. "Fortunately, in this case no one was seriously injured."
The two willful citations were issued for failing to complete an entry permit prior to entering a confined space, which includes information such as air monitoring and instructions to follow in case of emergency, and failing to use retrieval systems when entering confined spaces. OSHA defines a willful violation as one committed with intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act.
The alleged serious violations include failure to: provide cages on ladders, repair damaged scaffolding, require the use of personal protective equipment such as fall protection harnesses, and train employees on the use of respirators. OSHA issues a serious citation when death or serious injury could result from a hazard about which the employer knew or should have known.
Employers and employees with questions regarding workplace safety and health standards can call OSHA's Oklahoma City area office at (405) 278-9560 or OSHA's toll-free hotline number at 1-800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.
Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
Massachusetts company fined for crane accident in Maine
Augusta, MAINE - Federal regulators have fined two contractors, including a Massachusetts company, a total of nearly 115,000 dollars following a crane accident in Freeport, Maine.
The Occupational Safety and Health Administration says a crane lifting concrete slabs in December at a Hilton Garden Inn construction site became overloaded and tipped over. Cited by OSHA were TRB Development Group of Hooksett, New Hampshire; and JD Irving and Irving Equipment of Burlington, Massachusetts.
Irving, which operated the crane, says it's reviewing its 80,000-dollar fine. And TRB Development, which was fined nearly 35,000 dollars, plans to contest the citation.
Equipment supplier fined in accident that left employee blinded
SAN ANTONIO -- The San Antonio-area's largest supplier of Caterpillar construction equipment has been fined for training failures.
The U.S. Occupational Safety and Health Administration fined HOLT CAT $14,200 after an accident that left an employee blinded by a steel hook.
OSHA cited HOLT five safety regulation violations related to the December accident.
A welder, surgeons, firefighters and paramedics spent hours to detach a 10-inch hook from a backhoe and then remove it from Wayne Gail Creek's head.
The company failed to follow its procedures, according to the OSHA citations. The mechanic and the co-worker beside him were not to blame. "They were not faulted in any way. They should have received the training they needed," said Elizabeth Todd, a Dallas-based spokeswoman for OSHA.
HOLT CAT did not concede fault but settled the claim by negotiating the penalties down from a maximum of $28,000.
The company also agreed to correct the oversights. "Job safety is always and remains a priority with us," said Joe Carreon, a HOLT CAT marketing manager.
Creek and a co-worker were removing the bucket from a backhoe loader when Creek leaned over and the backhoe's hydraulic arm forced Creek's head into the hook on the top of the bucket.
The hook punctured his left temple, crippling his optic nerves.
OSHA found the company did not ensure that employees knew the safety procedures for removing such buckets.
Creek underwent four surgeries. He is learning to use a walking stick. He has praised his employer since the accident, saying he is thankful HOLT CAT is paying his medical and dental bills.
One of the nation's oldest electrical contractors was convicted last month of violating workplace safety rules in the 1999 death of an employee in what federal prosecutors say is one of the rarest criminal cases in Chicago federal court history, according to the Chicago Tribune.
L.E. Myers Co. was found guilty of willfully breaking OSHA regulations in the death of Blake Lane, 20, who was killed on his second day working for the company.
The Rolling Meadows-based company was acquitted of a second charge in the 2000 death of Wade Cumpston, 43.
Prosecutors say L.E. Myers willfully ignored workplace regulations that would have kept both men alive.
"We are trying to ensure worker's safety and send a message to corporations that OSHA regulations are going to be taken seriously," Assistant U.S. Atty. Eric Sussman said.
L.E. Myers "shirked their responsibility, a very serious responsibility," Sussman said.
The company faces a maximum sentence of 5 years' probation and a $500,000 fine for the misdemeanor charge, prosecutors said.
L.E. Meyer's parent company, MYR Group, issued a two-page statement that said the company investigated the two incidents and did not believe it had violated any OSHA standards. Both incidents happened within three months of each other.
Lane, of Sullivan, Ill., was a rookie in the power-line construction industry when he was jolted by 2,400 volts of electricity atop a 120-foot steel tower in Mt. Prospect on Dec. 28, 1999. Prosecutors said Lane, who was inexperienced, was not warned by his foreman that the line was live.
Cumpston, of Ashland, Ky., was an experienced lineman who was electrocuted while working in a bucket at a Plainfield ComEd tower. He tried to remove one end of a ground wire while the wire's other end was still attached to a live power line. Prosecutors alleged that the line had not been properly grounded.
The deaths of Lane and Cumpston were the latest in a long history of workplace fatalities for L.E. Myers, a company that builds and repairs high-voltage power lines. A Tribune investigation in 2003 showed the company had had 35 work-related deaths and 200 violations of federal and state safety rules since 1972.
Stanford University Law professor William Gould called the L.E. Myers' case unusual.
"I do know that is a rare occurrence for criminal sanctions to be sought against violations for health and safety," said Gould, who specializes in labor law and is a former chairman of the National Labor Relations Board in Washington.
One of the reasons might be that the standard of proof in a criminal case is much higher than that in a civil proceeding, he said.
Both Cumpston's and Lane's families have civil litigation pending against L.E. Myers, Sussman said.
Mexico, N.Y., Food Plant Cited by OSHA for Lockout/Tag-out, Machine Guarding and Other Safety Hazards Fines Total More Than $43,000
SYRACUSE, N.Y. -- A Mexico, N.Y., food plant's alleged failure to safeguard workers against the accidental startup of machinery and other industrial hazards has resulted in a total of $43,350 in proposed penalties from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).
Grandma Brown's Beans Inc. was cited for 18 alleged willful and serious violations of workplace safety standards at its 5837 Scenic Ave. production plant. The citations result from an inspection conducted under the Syracuse OSHA office's "Local Emphasis Program on Food Processing Industries."
The inspection found that the company failed to develop a lockout/Tag-out program for machinery in the plant and also failed to guard two labeling machines to prevent employee contact with their moving parts. These citations, which carry $33,000 in proposed penalties, were classified as willful. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.
"The purpose of a lockout/Tag-out program is to ensure that machines are shut down and their power sources locked out before employees begin maintenance," said Chris Adams, OSHA's Syracuse area director. "Such a program is essential in preventing accidental startups that could seriously injure or kill workers."
An additional $10,350 in fines was proposed for 16 serious citations. The citations address such hazards as failure to maintain lifting devices; lack of stair railings; failure to label confined spaces; lack of eye wash stations; lack of fire extinguisher training; failure to cover live electrical parts; ungrounded electrical equipment; lack of electrical safety training, and several other machine guarding hazards. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.
The company has 15 business days from receipt of its citations to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's area office located at 3300 Vickery Rd., North Syracuse; telephone: (315) 451-0808.
Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
OSHA Fines Youngstown, Ohio, Company $138,200 for Workplace Safety Violations
CLEVELAND -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $138,200 in fines against Florand Co., Youngstown, Ohio, for alleged willful, repeat and serious violations of workplace safety and health standards.
OSHA opened an inspection at Florand's Youngstown manufacturing plant in January after receiving information that safety guards had been removed from stamping presses. Among the items the company manufactures are strapping seals and tools and metal stampings.
The investigation resulted in citations issued to the Florand Co. alleging six willful, 12 serious and five repeat violations of federal workplace safety and health regulations. The alleged serious violations include an insufficient program to lock out machinery during maintenance; lack of safety guards on various machines; deficiencies with mechanical power presses; several electrical hazards; and an improperly secured liquefied petroleum (LP) gas container.
OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Violations are categorized as willful where there was either an intentional disregard or plain indifference to employee safety or OSHA regulations. Alleged willful violations include employee exposure to the potential unexpected start-up of machines or equipment (failure to lock out), 21 mechanical power presses that were not properly safeguarded, and failure to inspect and conduct repairs to machines as necessary.
Violations are categorized as a repeat if the employer has been cited previously for the same condition. Alleged repeat violations include the failure to train employees on the use of fire extinguishers, failure to guard drive belts and pulleys, electrical hazards and not maintaining a written hazard-communication program for employees.
"Several of these violations were revealed during a previous inspection, but this employer failed to maintain a safe workplace," said OSHA Area Director Rob Medlock of Cleveland. "When employers shirk their responsibility to keep the workplace free of such hazards, the results can be tragic for workers and their families."
The company has 15 working days from receipt of the citations to appeal them before the independent Occupational Safety and Health Review Commission.
A Polk County judge has reduced by about 80 percent the fines levied against a Missouri sewer-repair company whose workplace-safety deficiencies contributed to the deaths of two workers in Des Moines in 2002.
Following the case's third court action in three years, District Judge Karen Romano refused to dismiss any of the 18 violations that were previously upheld against Insituform Technologies.
But Romano sided with an earlier ruling that said the Iowa Occupational Safety and Health Administration should not have imposed separate fines for each violation if any two of the violations could have been remedied at once.
Romano's decision lowers the proposed fines against the Chesterfield, Mo., company from $808,250 to $158,000.
Gail Sheridan-Lucht, who prosecuted the case for state regulators, called the reduction in penalties "significant" but said the ruling nonetheless represents a victory for workplace safety.
Because many of OSHA's 20 proposed violations survived the appeals process, Sheridan-Lucht said, two wrongful-death lawsuits against the company are sure to benefit from the decision.
"It's a win for the prosecution," she said, "but we're disappointed with the penalties because that's all we have to send a message."
OSHA's original fines were drastically reduced in early 2004 following an administrative hearing, but most were later reinstated by the state's Employment Appeal Board, which wrote that ignoring fines for separate penalties "serves to minimize their individual importance."
Daniel Grasshoff, 25, and Brian Burford, 19, both Insituform employees, were overcome by sewer gas and drowned during a July 2002 repair job on Des Moines' east side. Five co-workers also were overcome by the fumes as they entered the sewer in a failed rescue attempt.
State regulators blamed the company for, among other things, failing to ensure that the Des Moines work crew used fresh-air respirators, ladders and harnesses that would have allowed Grasshoff and Burford to be pulled out. Much of the necessary equipment was later spotted at the site by investigators.
Insituform argued in its most recent appeal that its work crew's failure to use available safety equipment was the result of "unpreventable employee misconduct."
But the crew's supervisor, a 19-year employee, testified in hearings that he was unfamiliar with the company's written safety program designed for sewer work. Permits that are required to be filled out upon every entry into the sewer were rarely prepared, evidence showed.
Romano rejected the argument that the company was blameless for the deaths.
A company spokeswoman declined comment Thursday.
Sheridan-Lucht said she expects that Insituform will file another appeal to the Iowa Supreme Court. The company has argued throughout the process that it was wrongly penalized under construction standards rather than general industry standards, which are less stringent.
Separate state fines of $9,000 issued against the city of Des Moines, which hired Insituform to perform the repairs, were dismissed last year. OSHA has appealed that decision to the state Supreme Court.
Lead Hazards at Pittsburgh Apartment Project Bring OSHA Penalties
A painting contractor's alleged failure to protect employees removing lead-based paint from the Heinz Loft Apartment project in Pittsburgh has prompted $106,800 in proposed penalties from OSHA. The agency cited Mike McGarry and Sons Inc. of Cleveland for 12 alleged willful, serious and other-than-serious violations of workplace safety and health regulations following an OSHA inspection that began in February 2005. The willful citations, which account for $96,000 of the penalty, concern the employer's alleged failure to conduct a proper exposure assessment; lack of a hand washing facility and a change area for lead contaminated clothing; and not providing biological monitoring for employees exposed to lead. The serious violations, with a proposed penalty of $9,000, address the company's alleged failure to equip employees with powered air-purifying respirators; not providing protective clothing; not having an updated lead compliance plan; failure to utilize HEPA-filtered vacuums to clean up lead debris; and lack of proper lead training to exposed employees. The other-than-serious violations, which carry a penalty of $1,800, concern the alleged failure to provide exposure monitoring results to employees; failure to establish and maintain accurate medical surveillance records; and not establishing an accurate record of all lead monitoring date. Lead is a poison that can damage the central nervous system, kidney, cardiovascular, blood and reproductive systems if absorbed into the body in high-enough doses. Absorption is often through inhalation. "OSHA lead standards require employers to take steps to minimize exposure levels," said Robert Szymanski, OSHA's area director in Pittsburgh. "This company is well aware of the hazards and their failure to comply at the job site is unacceptable."
OSHA Fines New Berlin, Wis. Tire Service $114,300 for Workplace Safety and Health Violations
MILWAUKEE --
The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Pomp's Tire Service, an industrial tire sales and servicing business in New Berlin, Wis., following a December 2004 inspection concerning workplace safety and health issues, the agency announced today. "Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said George Yoksas, OSHA area director in Milwaukee. "The significant penalty of $114,300 in this case demonstrates our commitment to protecting the health and safety of America's workers." OSHA opened its inspection after receiving information that a worker at Pomp's Tire Service had been seriously injured when a large industrial tire exploded during the filling process Nov. 19, 2004. The inspection resulted in citations alleging nine serious safety violations and one willful safety violation of federal workplace safety standards, and five alleged serious violations of workplace health standards. OSHA issued citations for alleged serious violations relating to safety measures required during servicing of single piece rimmed tires and various fire hazards. The citations for an alleged willful violation were issued because the business failed to provide a safety restraint device for tires during filling operations. The company received serious citations as part of the health inspection for failing to provide personal protective equipment, not having emergency response plans or hazard assessment determination for personal protective equipment, and failing to train workers on the hazards of foam-fill and cleaning chemicals. Willful violations are those committed with an intentional disregard or plain indifference to the requirements of the Occupational Safety and Health Act. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
OSHA Fines Seaboard Farms of Holyoke, Colo., $139,200 for Alleged Safety and Health Violations
HOLYOKE. Colo. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Seaboard Farms Inc., Holyoke, Colo., a subsidiary of Seaboard Corporation, $139,200 in proposed penalties for allegedly failing to protect workers from hazards at their eastern Colorado hog farm operation. The investigation was initiated under OSHA's Site Specific Targeting Program, which identifies employers with elevated injury and illness rates. "Strong enforcement, when necessary, is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said Greg Baxter, OSHA regional director in Denver. "The significant penalty of $139,200 in this case demonstrates our commitment to protecting the health and safety of American workers." OSHA's Denver area office cited Seaboard Farms for one alleged willful and 23 alleged serious violations of OSHA's general duty clause and standards relating to farms and feed-mills. The willful citation, with a proposed penalty of $55,000, addressed unguarded machinery. The serious citations, with a total of $84,200 in penalties, addressed inadequate respiratory protection; confined space entry precautions; lockout procedures; machine guarding; electrical work practices, procedures, and equipment; and forklift training. Other serious citations involved hazard communication training; compressed gas cylinder storage; all-terrain vehicle (ATV) operator safety training; fall hazards; lack of instruction of the safe operation and servicing of all covered equipment; laceration hazards from contact with damaged metal siding in walkways; and inadequate eye protection and eye wash stations. Willful violations are those committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The employer has 15 working days from receipt of the citations to request an informal conference with the OSHA area director, or to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
Unsafe Response to Chemical Spill Results in $171,000 Fine for Milwaukee Business
MILWAUKEE, Wis. --
A dangerous clean-up operation following a thirty-three gallon spill of muriatic acid at Solvox Mfg. Company, a subsidiary of Hydrite Chemical Company, Milwaukee, has resulted in a proposed fine of $171,000 and workplace safety and health violations issued by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA), the agency announced today. OSHA opened an inspection in November 2004 at Solvox after receiving information that workers were assisting in the emergency response, neutralization and clean up of the spill without being provided proper personal protective equipment or training in emergency response. Muriatic acid is highly corrosive and may cause severe burns to all body tissue. OSHA issued three willful and four serious violations to Solvox, alleging that workers engaged in the clean-up were not provided appropriate personal protective equipment and were not properly trained in emergency response procedures. "Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said George Yoksas, OSHA's area director in Milwaukee. "The significant penalty of $171,000 in this case demonstrates our commitment to protecting the health and safety of America's workers." Solvox manufactures organic chemicals, polishes and sanitation goods, paints, varnishes, lacquers, enamels and allied products. Approximately 40 workers are employed at the Milwaukee facility. Willful violations are those committed with an intentional disregard or plain indifference to the requirements of the Occupational Safety and Health Act. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
Widespread Recordkeeping Violations Lead to $42,000 in OSHA Fines for Lockport, N.Y., Automotive Parts Plant
BUFFALO, N.Y. --
A Lockport, N.Y., automotive parts manufacturer's failure to keep proper records of hundreds of workplace injuries and illnesses has resulted in $42,000 in proposed penalties from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA). Delphi Thermal & Interior was cited for six alleged serious and other-than-serious violations of OSHA standards at its 200 Upper Mountain Rd. plant following an OSHA inspection begun Nov. 17, 2004, in response to a complaint about improper recordkeeping. OSHA's inspection identified 117 instances of unrecorded injuries or illnesses that resulted in days away from work or restricted duty for workers; 20 instances of unrecorded standard threshold shifts in employees' hearing; and 153 instances where injuries and illnesses were either not recorded at all or not recorded within seven days, as required. Among the unrecorded conditions were work-related sprains, strains, fractures, tendonitis, neck, shoulder, knee and back injuries. The inspection also found that 129 employees exposed to high noise levels did not receive a required annual audiogram and required training on noise hazards. "These are not simple 'paperwork' violations," said Art Dube, OSHA's Buffalo area director. "Widespread failure to properly record occupational illnesses and injuries is hazardous to workers. The lack of accurate data can mask patterns of injuries and illnesses that could help uncover conditions that can harm workers." Delphi Thermal & Interior has 15 business days from receipt of its citations to request and participate in an informal conference with the OSHA area director or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Buffalo Area Office, located at 5360 Genesee Street, Bowmansville, N.Y., telephone (716) 684-3891. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
