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Safe Workplace and Safety News

This is the safety news blog for the Safe Workplace web site. We cover workplace safety related news with a focus on how safety, or a lack of safety, impacts employers, employees and their families. We also cover topics such as safety training, safety tools, and legal issues related to safety. For regular safety news and information enter your email address in the box above the Subscribe button to the right (then click on the button).


Wednesday, March 10, 2010

$3,000,000 OSHA Fine Against BP North America

OSHA has cited BP North American Inc. and BP-Husky Refining LLC's refinery in Oregon, Ohio, with 42 alleged willful violations, including 39 on a per-instance basis, and 20 alleged serious violations for exposing workers to a variety of hazards including failure to provide adequate pressure relief for process units. Proposed penalties total $3,042,000.

"OSHA has found that BP often ignored or severely delayed fixing known hazards in its refineries," said Secretary of Labor Hilda L. Solis. "There is no excuse for taking chances with people's lives. BP must fix the hazards now."

OSHA began its inspection at the refinery located near Toledo, Ohio, in September 2009 as part of the agency's Refinery National Emphasis Program and as a follow-up to a 2006 inspection and a 2007 settlement agreement between OSHA and BP at this location. Although the 2009 inspection found that BP had complied with the settlement agreement, OSHA found numerous violations at the plant not previously covered by the agreement.

The inspection revealed that workers were exposed to serious injury and death in the event of a release of flammable and explosive materials in the refinery because of numerous conditions constituting violations of OSHA's process safety management standard. OSHA has issued willful citations for numerous failures to provide adequate pressure relief for process units, failures to provide safeguards to prevent the hazardous accumulation of fuel in process heaters, and exposing workers to injury and death from collapse of or damage, in the event of a fire, to nine buildings in the refinery. Additional willful citations allege various other violations of OSHA's standard addressing process safety management. These citations carry proposed penalties totaling $2,940,000.

The serious citations address a variety of other hazards, including violations of other requirements of the process safety management standard. These carry proposed penalties totaling $102,000.

Since 1991, this refinery has been inspected 12 times. Nationally, BP Products North American has been inspected by OSHA 44 times at various sites and is facing pending cases in which 439 willful citations and failure-to-abate notices were issued to its Texas City Refinery as a result of a 2009 inspection. Proposed penalties in those pending cases total $87 million, the largest penalties by far ever proposed by OSHA. BP's Texas City Refinery experienced a devastating explosion and fire in 2005 that killed 15 workers and injured 170. A large portion of the penalties proposed for the Texas City Refinery results from OSHA's allegations that BP failed to fully live up to a settlement agreement entered into after the explosion. BP has contested the citations, notifications of failure-to-abate and the proposed penalties in those cases.

BP North American Inc. operates and jointly owns the refinery with Canadian-based Husky Energy Inc. The company has 15 business days from receipt of the citations to comply, request an information conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

The following provides a breakdown ofthe citations and proposed OSHA penalties:

Toledo Refinery Citations and Proposed Penalties

Forty-two willful citations with proposed penalties totaling $2,940,000 are proposed as follows:

  1. Thirty-eight (38) per-instance, willful citations with penalties totaling $2,660,000 allege as follows:
    1. Twenty-six instances allege deficient pressure relief, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(j)(5), with total penalties of $1,820,000;
    2. Three instances allege the lack of flame-out protection on heaters and a furnace, a violation of 29 CFR 1910.119(d)(3), with total penalties of $210,000; and
    3. Nine instances allege facility-siting hazards, a violation of 29 CFR 1910.119(e)(5), with total penalties of $630,000.
  2. Four willful citations with penalties totaling $280,000, allege as follows:
    1. Lack of pressure vessel information, a violation of 29 CFR 1910.119(d)(3), with a penalty of $70,000;
    2. Cross-connections between fire-emergency water supplies and process systems, a violation of 29 CFR parts 1910.119(d)(3) and 1910.119(e)(5), with a penalty of $70,000;
    3. Failure to conduct thickness measurements at designated test sites and as required at the flare header, a violation of 29 CFR 1910.119(j)(4)(ii), with a penalty of $70,000; and
    4. Failure to conduct thickness measurements in accordance with RAGAGEP, a violation of 29 CFR 1910.119(j)(4)(iii), with a penalty of $70,000.

Twenty serious citations with total penalties of $102,000 allege the following failures: to support pipes properly; to maintain heat transfer information for refractory-lined vessels; to assure the accuracy of P&IDs, the maintenance of pressure vessel nameplates, and proper documentation of pressure relief design information; to document implementation of the vessel grounding program; to assure that car-sealing practices were used for intervening valves; to password protect safety instrumented systems; to assure that PHAs addressed combustion safeguards, pressure relief, and human factors, and reflected updated layer of protection analysis and safety integrity levels; to establish and to implement a written program for refinery valve car-seal procedures; to consult employees on the frequency of refresher training; to implement procedures for operating limits changes and other matters; to investigate contamination of the fire-water system; to include contributing factors and recommendations in accident investigation reports; to audit a statistically significant number of pressure vessels, piping and instrument controls during compliance audits; to assure that LOTO procedures were implemented during burner maintenance; to assure that LOTO devices were applied during service and maintenance; and to assure that electric lighting equipment was appropriate for hazardous atmosphere classifications.

Three other-than-serious citations with $0.00 penalties allege deficiencies in the preparation of the PSM employee participation plan and incident/accident investigation.

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Wednesday, January 27, 2010

OSHA Cites Mueller Industries Subsidiaries in Fulton, Miss. - Proposed $683,000 In Penalties

OSHA has issued three Mueller Industries Inc. subsidiaries in Fulton 128 citations for allegedly exposing workers to safety and health hazards. The privately-held corporation headquartered in Memphis, Tenn., owns and operates 20 facilities located in eight states and two foreign countries.

OSHA began its investigation in July 2009 after a maintenance worker employed by Mueller Copper Tube Co. Inc., a subsidiary of Mueller Industries, was killed, and two other workers were injured when naphtha, a flammable liquid of hydrocarbon mixtures, leaked from an electric pump and ignited.

"Mueller Industries subsidiaries' dangerous practices exposed workers at their facilities to a variety of hazards that ultimately took one worker's life," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "The significant fines of $683,000 cannot replace this worker's life or bring peace to the family, but they will go a long way in letting this employer know disregarding worker safety and health will not be tolerated."

Mueller Copper Tube has been issued willful, repeat and serious citations. A willful citation with a penalty of $40,000 alleges the failure to repair a corroded live electrical disconnect, which exposed workers to electrical shock. Ten repeat citations with penalties of $150,000 allege failure to guard machinery; unsafe electrical equipment and practices; and failure to label hazardous chemicals. Sixty-nine serious citations, with proposed penalties of $223,500, allege unsafe cranes; fall hazards; unsafe ladders; blocked and inadequate exits; unsafe flammable liquid and compressed gas use and storage; locking out hazardous energy sources during maintenance and service; a lack of machine guards; unsafe electrical equipment and practices; and failure to establish a respiratory protection program.

The initial safety inspection at Mueller Cooper Tube was expanded to include Mueller Fittings LLC and Mueller Packaging LLC, two additional subsidiaries of Mueller Industries. Mueller Fittings has been issued 22 serious citations, with penalties of $64,000, alleging the failure to lock out energy sources, unsafe propane storage and handling, overexposure to noise, unsafe material storage, and the likelihood of exposure to bloodborne pathogens. Eight repeat citations also have been issued, with penalties of $102,500, alleging a lack of machine guarding, electrical hazards and the inadequate labeling of hazardous chemicals.

Mueller Packaging has been issued 12 serious citations, with penalties of $28,000, alleging unsafe crane operation, failing to lock out sources of hazardous energy, hazardous chemical exposures, and overexposure to noise; five repeat citations, with penalties of $75,000, alleging an unsafe forklift modification, electrical hazards and inadequate labeling under the hazard communication standard; and one other-than-serious violation, with no penalty, for an electrical deficiency.

The companies have 15 business days from receipt of the citations and penalties to comply or contest the findings before the independent Occupational Safety and Health Review Commission. The sites were inspected by staff from OSHA's Jackson Area Office, 3780 I-55 North, Suite 210; telephone 601-965-4606.

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Thursday, January 14, 2010

OSHA Proposes $233,500 In Fines Against Long Island Store

OSHA has cited Home Goods (Commack, Long Island, NY) for 16 alleged violations of workplace safety standards. The retailer faces a total of $233,500 in proposed fines, chiefly for exit access, fire and crushing hazards.

Responding to an employee complaint, OSHA found exit routes obstructed by stock and equipment, an exit route too narrow for passage, stacked material that prevented employees from identifying the nearest exit, blocked access to fire extinguishers, workers not trained in fire extinguisher use and boxes stored in unstable 8-foot high tiers.

OSHA had cited Home Goods in 2006 and 2007 for similar conditions at the company's Mount Olive, N.J., and Somers, N.Y., locations. As a result of these recurring conditions, OSHA issued the company five repeat citations, with $200,000 in proposed fines, for the hazards at the Commack store.

"It's been 99 years since the fire at The Triangle Shirtwaist Co. in New York City took the lives of nearly 150 workers and almost 19 years since two workers were killed when they were unable to exit the McCrory's store in Huntington Station, N.Y., during a fire," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Blocked fire exits can be deadly. It is that simple."

OSHA's Commack inspection identified additional hazards, including a defective fire alarm box, a missing exit sign, electrical hazards and inadequate chemical hazard communication. These conditions resulted in nine serious citations, with $32,500 in fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Finally, the store was issued one other-than-serious citation, with a $1,000 fine, for not providing injury and illness logs.

"There can be no delay in exiting a workplace during a fire or other emergency when the difference between escape and injury or death can be measured in seconds," said Michaels. "Employers must ensure that exit routes are unobstructed at all locations."

"One means of preventing recurring hazards is for employers to establish an effective comprehensive workplace safety and health program through which involve their employees in proactively evaluating, identifying and eliminating hazards," said Robert Kulick, OSHA's regional administrator in New York.

A fact sheet covering emergency exit routes is available at http://www.safe-workplace.com/osha-safety/emergency-exit-routes-osha-factsheet.pdf.

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Tuesday, January 05, 2010

OSHA Proposes More Than $1.4 Million In Penalties Against CES Environmental Services

OSHA yesterday today issued proposed penalties against CES Environmental Services Inc. for willful and serious violations after an investigation into a fatal explosion at the company's Griggs Road facility in Houston. The proposed penalties total $1,477,500.

In July 2009, an employee cleaning a tank was killed in an explosion when an altered piece of equipment ignited flammable vapors inside the tank. The fatality was the third death in less than a year at this employer's facilities; two hydrogen sulfide exposure-related deaths at a related facility, Port Arthur Chemical & Environmental Services LLC (PACES), occurred in December 2008 and April 2009.

"Proper precaution prevents deaths," said Secretary of Labor Hilda L. Solis. "Employers should take steps to eliminate hazards and provide a safe working environment for their workers. That is the law."

Based on the most recent investigation, OSHA has issued 15 willful citations with proposed penalties totaling $1,050,000, alleging that 15 pieces of electrical equipment were unsafe to use in the tank wash area due to the presence of flammable and combustible vapors. Two additional willful citations with proposed penalties totaling $125,000 have been issued. One alleges that CES failed to ventilate tanks in which employees were working, exposing the workers to toxic atmospheric hazards. The other alleges that CES stored flammable and reactive chemicals together, which posed fire and explosion hazards.

In addition, OSHA has issued 54 serious violations with proposed penalties totaling $302,500. These include allegations that CES failed to implement all aspects of the process safety management standard; provide proper respiratory protection, confined space rescue equipment and adequate fall protection; properly install and maintain boiler equipment; implement an emergency response plan, and adequate energy control procedures; train powered industrial truck operators; guard and to anchor machinery adequately; store compressed gas cylinders safely; and label hazardous chemicals.

A willful citation is characterized by an employer's intentional disregard of the standards or plain indifference to employee safety and health. A violation is characterized as serious when death or serious physical harm could result if an accident were to occur as the result of a hazard about which the employer knew or should have known.

OSHA previously cited PACES following the Dec.18, 2008 and the April 14, 2009, fatalities and proposed penalties of $16,600 and $207,800, respectively. Both of those fatalities occurred in Port Arthur, Texas. Those citations were contested and are being litigated before the independent Occupational Safety and Health Review Commission. CES and PACES together employ 155 workers. CES has 15 business days from receipt of the latest citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent review commission.

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Monday, December 14, 2009

OSHA Fines New Jersey Company More Than $212,000

OSHA has cited Solid Waste Transfer & Recycling Inc. for alleged safety and health violations. Proposed penalties total $212,400.

OSHA initiated an inspection on June 3 as part of its proactive program targeting companies in industries with high injury and illness rates. As a result, the company has been issued citations for four willful violations with a penalty of $198,000 and six serious violations with a penalty of $14,400.

The willful violations address the company's failure to have an adequate lockout procedure and a lack of machine guards. OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

The serious violations include blocked exits, inadequate energy control procedures, lack of training, failure to properly mark compressed gas cylinders and effectively close electrical box openings. A serious citation is issued when there is a substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"Lockout procedures are designed to safeguard workers from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities," said Phil Peist, area director of OSHA's office in Parsippany, N.J. "It is imperative that the company correct the identified hazards to protect the safety and health of its workers."

"One means of helping ensure worker safety is for employers is to establish an effective safety and health management system through which they and their employees work together to proactively evaluate, identify and eliminate hazards before they result in injury or illness," said Robert Kulick, OSHA's regional administrator in New York.

The Newark company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. This investigation was conducted by OSHA's Philadelphia Area Office; telephone: 215-597-4955.

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OSHA Proposes More Than $266,000 In Penalties Against Manufacturer

Crespac Inc. in Tucker, Ga., has been cited with 34 safety and health violations by OSHA. Proposed penalties total $266,400.

"OSHA began its comprehensive safety and health inspection after learning of two separate incidents resulting in amputations within a 30-day period," said Gei-Thae Breezley, director of OSHA's Atlanta-East Area Office. "In both instances, management knew of deficiencies but acted with plain indifference by failing to correct the problems in a timely manner that could have prevented these amputations."

The agency is citing the company with three willful, four repeat, 19 serious and one other-than-serious safety violations, as well as five serious and two other-than-serious health violations. OSHA is proposing penalties of $249,200 for the safety violations and an additional $17,200 for the health violations.

The willful citations result from the company's failure to ensure that all machines had proper safety guards, functional emergency stop cords and usable safety interlock switches installed on machinery. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.

The company is being cited for repeat violations related to having slippery and wet floors, lack of safety guards on machines, machines being operated with broken parts and employees being exposed to electrical shocks.

Serious violations include fall hazards, slipping and tripping hazards, entrapment hazards, failure to provide proper fire training and equipment, failure to properly train forklift operators, electrical hazards, noise hazards, exposure to hazardous chemicals and an insufficient respirator program for employees. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any of a company's other facilities in federal enforcement states.

Other-than-serious violations relate to the company's failure to conduct timely inspections of overhead cranes and related equipment and recordkeeping deficiencies in required OSHA incident logs.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga.; telephone 770-493-6644.

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Monday, December 07, 2009

OSHA Levies $321,000 In Fines Against Bridge And Tower Painter UCL Inc.

OSHA has cited bridge and water tower painter UCL Inc. in Cincinnati with alleged willful, egregious and serious violations of federal workplace safety and health standards for exposing workers to lead. Proposed fines total $321,000.

OSHA began its inspection in May where UCL was abrasive blasting paint from two bridge overpasses on I-75 near Middletown, Ohio. The inspection revealed nine alleged willful and two serious violations.

Hazards identified as willful allege a variety of violations of the federal lead in construction standard, including a lack of appropriate respirators and protective clothing, failing to maintain eating areas free of lead contamination and failing to remove lead dust from equipment before workers entered designated eating areas. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Four of the willful violations, relating to the employer's failure to provide clean protective clothing to workers on a daily basis, are also classified as egregious. By designating violations as egregious, OSHA can assess penalties for each time the violation occurs, rather than proposing a single penalty for all violations of a specific agency regulation.

The two serious violations address an inadequate lead compliance program and failing to provide adequate hand washing facilities for employees. 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.

"Few Americans are aware of lead's deadly effects or the fact that lead taken home on clothing and work tools can infect an entire family," said OSHA Area Director Richard Gilgrist in Cincinnati. "The cost of employee and family health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe and without carrying toxic substances into their homes at the end of every work shift."

While UCL has been in business since 1999, the company owner previously owned United Painting Co., a business that was cited repeatedly by OSHA for lead standard violations. UCL also has received numerous citations, many of which were for violations of federal lead standards. An Aug. 27 fatal accident at another bridge painting worksite of UCL, along the same I-75 construction corridor, is still under investigation.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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Wednesday, December 02, 2009

OSHA Proposes $484,000 In Penalties For Asbestos Hazards In Buffalo, NY

On Monday OSHA issued citations to Cambria Contracting Inc. for 11 alleged willful violations of the OSHA construction asbestos standard for failing to train and protect its workers at a Buffalo jobsite. The Lockport, N.Y., demolition contractor faces a total of $484,000 in proposed penalties.

"These significant penalties reflect the fact that this employer, an asbestos contractor with extensive knowledge of the OSHA standards that govern asbestos removal and handling, chose not to follow these standards and put its workers, including young, inexperienced college students, in harm's way," said acting Assistant Secretary for OSHA Jordan Barab.

OSHA found that several Cambria Contracting workers, who were cleaning up debris at the former AM&A department store warehouse on Washington Avenue, had not been trained in asbestos hazards and how to protect themselves. The workers also lacked proper respirators and protective clothing, and had not been informed of the presence of asbestos at the site. In addition, the employer failed to determine the asbestos exposure level and to establish a regulated work area for asbestos removal and handling. It also did not use vacuums with HEPA filters to collect debris but used methods to move debris with asbestos-containing material that typically can cause asbestos to be released into the air.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for worker safety and health.

"This employer knew that training and other safeguards, which are well-known in the industry, were required, yet chose not to provide them," said Robert Kulick, OSHA's New York regional administrator. "That is unacceptable and needlessly placed the health of these workers at risk."

"Asbestos is well recognized as a health hazard since inhalation of asbestos fibers may lead to lung cancer and other diseases," said Arthur Dube, OSHA's Buffalo area director. "As exposures frequently occur during renovation and demolition work, we strongly urge contractors to ensure that their workers are adequately trained and protected against asbestos hazards."

Detailed information on asbestos is available on OSHA's Web site at: http://www.osha.gov/SLTC/asbestos/index.html and http://www.osha.gov/SLTC/asbestos/construction.html.

Cambria Contracting has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Buffalo Area Office; telephone 716-551-3053.

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OSHA Proposes $222,500 In Fines For Safety and Health Hazards In The US Virgin Islands

OSHA has cited Hovensa LLC for 56 alleged serious violations of workplace safety and health standards at its oil refinery located in Christiansted, St. Croix, U.S. Virgin Islands.

The company faces a total of $222,500 in proposed fines following two OSHA inspections, a programmed inspection conducted as part of OSHA's National Emphasis Program on Petroleum Refinery Process Safety Management, and an inspection opened in response to a June 4 accident in which three workers suffered serious burns after being sprayed with hot boiler feed water while they were performing maintenance.

"OSHA's process safety management regulations are designed to reduce or eliminate workplace hazards associated with the catastrophic release of highly hazardous chemicals," said José A. Carpena , OSHA's area director for Puerto Rico and the U.S. Virgin Islands. "These requirements are stringent and detailed because failure to comply can seriously compromise the safety and health of workers."

The citations issued as a result of the programmed inspection address the company's failure to properly document process safety information, conduct proper process hazard analysis, comply with recognized and generally accepted good engineering practices, obtain contractor safety and health programs, properly train employees, conduct maintenance on critical instruments and equipment, update operating procedures and resolve incident investigation findings in a timely manner. Additionally, OSHA has issued citations for not properly installing metal stairs, maintaining ladders in a safe condition, supporting piping systems and protecting them against physical damage and excessive stress, and for equipment deficiencies, a lack of machine guarding, and electrical and fire hazards.

The accident investigation resulted in citations for exposing workers to the hazards of hot water and steam condensate, not developing and documenting procedures to prevent the unintended release of hot water and steam, and not training workers on the safe application, usage and removal of energy control devices. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"One means of helping ensure worker safety is for employers to establish an effective safety and health management system through which they and their employees work together to proactively evaluate, identify and eliminate hazards before they result in injury or illness," said Robert Kulick, OSHA's regional administrator in New York.

The oil refinery, which employs about 2,500 workers, has 15 business days from receipt of the citations and proposed penalties to comply, request an information conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Puerto Rico Area Office; telephone: 787-277-1560.

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OSHA Fines Endres Processing $472,900 For Safety and Health Violations

OSHA has cited Endres Processing LLC, headquartered in Rosemount, Minn., and its subsidiary, Endres Processing Ohio LLC, with safety and health violations that include exposing workers to combustible dust hazards. The firm manufactures an animal feed supplement from unsold bakery products. Proposed fines total $472,900.

OSHA began a health inspection in June after receiving information that fires had occurred in the Ohio plant, and that large amounts of dust from the manufacturing process had accumulated throughout the worksite.

"The Occupational Safety and Health Administration will not tolerate the exposure of workers to preventable hazardous conditions," said acting Assistant Secretary of Labor for OSHA Jordan Barab. "The destructive and violent power of dust explosions is clear, and employers have an obligation to keep workers safe."

Following the health inspection, OSHA issued four willful violations with penalties totaling $252,000 and five serious violations with penalties totaling $14,900. The willful violations allege the lack of explosion protection, the failure to equip process equipment with combustible dust collection systems, hazardous accumulations of dust, and the use of electrical equipment that was unsafe to use in areas with combustible dust accumulation. The serious violations address hazards from workers breathing the dust, allowing combustible materials in areas where workers were welding, and unsafe electrical equipment and practices. The proposed health violation fines total $266,900.

A safety inspection was also initiated, and OSHA issued two willful violations with penalties totaling $126,000 and 21 serious violations with penalties totaling $80,000 following that inspection. The willful violations allege confined space hazards and failing to train employees in using the fire fighting system. The serious violations allege a variety of hazards. They include fall hazards, problems with emergency exit lighting, failure to train on and exposure to hazardous machine-energy sources, and additional unsafe electrical equipment and practices. The proposed safety violation fines total $206,000.

A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health. An OSHA violation is serious if death or serious physical harm can result if an accident were to occur from a hazard an employer knew or should have known exists.

The Upper Sandusky site, then owned by Advanced Organics Inc., has been inspected twice since 2004, with serious citations issued for fall protection, combustible dust issues, electrical hazards, machine guarding and fall hazards following the earlier inspections.

The safety and health fines total $472,900 and the company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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Tuesday, November 10, 2009

OSHA Cites New Bedford, Mass., Seafood Processor Following Worker Death In Ice Machine

OSHA has cited Northern Wind Inc., a New Bedford, Mass., seafood processor, for 23 alleged violations of workplace safety standards after a worker was killed on May 4 when he became caught in the moving parts of a large industrial ice-making machine that activated while he was performing maintenance work inside it.

OSHA found that the plant lacked specific steps and procedures to power down and lock out the ice machine's power source before employees entered it. The agency's investigation also found that workers were not trained to recognize and address the hazard of the machine operating without warning. In addition, the plant lacked a program and employee training for working in confined spaces, such as the ice machine, and ladders were not available to ensure safe entry and exit from the ice machine.

"This is exactly the type of grave accident that OSHA's hazardous energy control, or 'lockout/tagout' standard, is designed to prevent," said Brenda Gordon, OSHA's area director for southeastern Massachusetts. "For the safety of their workers, employers must always ensure that machinery is powered down and its power sources locked out before workers perform maintenance. Employers must also ensure that workers are properly trained for work in confined spaces."

Additionally, OSHA's inspection identified unmarked exit doors and a lack of emergency exit route lighting, no eyewash or drenching facilities for employees working with corrosive chemicals, a lack of material safety data sheets and chemical hazard communication training, unguarded open-sided floors, a missing safety latch on a hoisting hook and several electrical-related hazards.

All told, these conditions resulted in the issuance of 19 serious citations, with $62,800 in proposed fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. The company also has been fined $4,000 for four other-than-serious hazards, including incomplete recording of injuries and illnesses. The combined penalties total $66,800.

Northern Wind Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Braintree Area Office; telephone 617-565-6924. Detailed information on hazardous energy control, including an interactive e-Tool, is available at http://www.osha.gov/SLTC/controlhazardousenergy/index.html.

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OSHA Cites Loren Cook Company $511,000 Following Worker's Death

OSHA has cited Loren Cook Co. of Springfield, MO with seven alleged willful and three alleged serious violations after Charles Knapp, 59, of Walnut Grove, MO was killed on May 13, 2009 when a piece of metal was ejected from a machine and hit him in the head.

"Loren Cook Co. willfully allowed its employees to work on dangerous equipment without safeguarding the machinery and exposed workers to debris ejected while operating manual spinning lathes," said acting Assistant Secretary for OSHA Jordan Barab. "It is imperative that employers take steps to eliminate hazards and provide a safe working environment."

Seven instance-by-instance willful citations at $70,000 each are proposed for failing to guard seven manual spinning lathes, with a total proposed willful penalty of $490,000. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

Three serious citations with penalties totaling $21,000 are proposed for a lack of adequate personal protective equipment for workers' faces, extremities and hands. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

The proposed fines total $511,000.

Loren Cook manufactures industrial ventilation equipment and employs approximately 800 workers, with about 580 located at the Springfield site and the remainder at a North Carolina site.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Kansas City, MO., or contest the findings before the independent Occupational Safety and Health Review Commission.

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Wednesday, September 09, 2009

OSHA Levies $275,000 Fine On Metal Improvement Co. in Lombard, Ill.

OSHA has cited Metal Improvement Co., doing business as E/M Coating Services in Lombard, with alleged serious and repeat citations of federal workplace safety and health standards. Proposed penalties total $275,000.

Based on a referral from another public agency alleging numerous fires and other safety issues, OSHA began a safety and health inspection at the Lombard site in March.

The safety inspection revealed 10 serious and six repeat violations with proposed penalties totaling $155,000. Some of the serious safety hazards include various electrical and equipment issues, lack of a spray booth sprinkler system and fire hazards in a spray booth. Some of the repeat violations addressed fall protection deficiencies, improper oxygen cylinder storage and other specific electrical hazards. The company had been cited for these violations in previous inspections.

The OSHA health inspection found 10 serious and three repeat violations with proposed penalties totaling $120,000. Some of the serious health hazards include a lack of personal protective equipment, confined entry space violations, a lack of emergency eyewash and shower facilities where required and problems with respirator equipment fit. Repeat violations pertain to the company's failure to evaluate if areas are permit-required confined spaces, training deficiencies and failure to provide an eyewash in an area where corrosive materials are used.

"OSHA has inspected this company on five occasions going back to 1997, resulting in numerous violations, including many we found again on this most recent inspection," said OSHA Area Director Kathy Webb, North Aurora, Ill. "It's time for this indifference to employee health and safety to stop."

The company, which provides decorative metal coating and blasting metal services, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. Nationwide, the company employs more than 500 workers with 20 in the Lombard facility.

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Connecticut Manufacturer Faces $225,500 in OSHA Fines

International Bridge & Iron Co., a manufacturer of structural steel bridge parts, faces a total of $225,500 in proposed fines from OSHA for new and recurring safety hazards at its Newington, Conn., manufacturing plant.

OSHA opened an inspection in February in response to a complaint and found several hazards similar to those cited in a 2007 OSHA inspection. These included unguarded stairs; lack of eye protection; incomplete and uncertified employee training to prevent the unintended startup of machinery during maintenance; cranes lacking bridge bumpers; unguarded moving machine parts; uninspected ropes and lifting hooks; slings not marked with their lifting capacity; unguarded grinders and pulleys; and ungrounded, uninspected or damaged electrical equipment or wiring.

These conditions resulted in the issuance of 17 repeat citations, carrying $150,000 in proposed fines. OSHA issues repeat citations when an employer has previously been cited for substantially similar hazards and those citations have become final.

"The sizable fines proposed here reflect both the breadth of hazards found in this workplace and this employer's failure to prevent the recurrence of hazardous conditions that can, if left unaddressed, lead to falls, lacerations, electrocution and crushing injuries," said C. William Freeman III, OSHA's area director in Hartford.

An additional $75,500 in fines have been proposed for 16 serious citations encompassing uninspected overhead cranes; uninspected lifting hooks; defective and unmarked lifting slings; unguarded live electrical parts; damaged electrode holders and insulation; incorrectly stored compressed gas cylinders; unmarked and unchecked fire extinguishers; and slipping hazards from an oil spill in a work area. 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 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the items before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Hartford Area Office; telephone 860-240-3152.

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Tuesday, July 28, 2009

OSHA Proposes $136,000 Fine For Cobb County, Ga. Contractor

OSHA has proposed seven citations with penalties totaling $136,000 against Tritt Contracting Inc. for violating federal workplace safety standards.

The penalties follow an inspection of a construction site on Cedar Drive in Powder Springs, Ga., where OSHA found company employees working in dangerous conditions inside a 23-foot-deep trench.

OSHA alleges two willful violations with penalties totaling $100,000 for allowing employees to work in a trench without a safe means of escape and without an adequate worker protective system to prevent cave-ins. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The agency also has proposed a repeat violation with a $20,000 penalty for the company's failure to adequately train employees to recognize and avoid hazardous conditions, and for inadequately training employees to direct traffic around the worksite. The company was cited for violating the same standard in 2007.

Four serious violations with penalties totaling $16,000 have been issued for the company's failure to place warning signage to oncoming motorists of work being conducted in the roadway, not providing the employee directing traffic with proper traffic control equipment, allowing equipment to be placed within two feet of the trench and using a protective system inside the trench that was not designed by a professional engineer.

"OSHA will not allow employers to endanger their workers' lies by cutting corners on safety just to speed up work and minimize any inconvenience to residents and motorists," said Andre Richards, area director of OSHA's Atlanta-West office.

The company, based in Jasper, Ga., has 15 business days from receipt of the citations to contest the violations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Atlanta-West Area Office, 2400 Herodian Way, Suite 250, Smyrna, Ga.; telephone 770-984-8700.

Related Past Posts
Contractor Faces Maximum Fine For Cave-In Hazard
Trench Collapse Prompts Lawsuit
Construction Safety Satistics

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OSHA Announces $314,000 In Penalties Against Dana Container Inc.

OSHA has proposed $314,000 in fines against Dana Container Inc. of Summit, Ill., for alleged willful, serious and repeat violations of federal workplace safety standards.

As a result of a safety and health inspection, OSHA has cited the company for three willful violations with a proposed penalty of $210,000. The willful citations address the company's alleged failure to have adequate written programs and permits required for working in confined spaces and not insuring proper working conditions before allowing workers to enter those confined spaces. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The company also has been cited for 16 serious violations with proposed penalties of $86,500. Some of the citations allege the company failed to provide proper training and procedures on uses of personal protective equipment such as respirators; review permit space entry operations and permit required confined space programs; install guardrails on elevated runways; provide proper identification and warnings on hazardous material tanks; and provide an adequate hazard communication program. 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.

Dana also has received one citation for a repeat violation with a penalty of $17,500. The alleged repeat violation addresses failure to provide emergency eyewash and a safety shower for employees working with corrosive materials. OSHA issues a repeat violation when it finds a substantially similar violation of any standard, regulation, rule or order at any of an employer's facilities in federal enforcement states when an initial one previously was cited.

"Injuries and fatalities from accidents such as asphyxiation due to overexposure of hazardous gases are preventable," said Gary Anderson, OSHA's area director in Calumet City, Ill. "Employers must remain dedicated to keeping the workplace safe and healthful or face strong enforcement actions by OSHA."

Dana Container Inc. is a tank washing company that employs about 375 workers nationally. Its facility has been inspected seven times by OSHA, including two inspections after worker fatalities, and the company has received numerous citations from these past inspections.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Related Past Posts
OSHA Issues Confined Space Proposed Rule

OSHA Citation For Inadequate Lock Out / Tag Out

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Thursday, July 23, 2009

OSHA Proposes $189,000 In Penalties Against Montgomery, AL, Pallet Manufacturer

OSHA is issuing 30 safety and health citations carrying proposed penalties of $189,000 against Kopac International Corp., which does business as Southeast Pallet and Box in Montgomery, AL.

The penalties follow inspections in January 2009 that uncovered numerous workplace violations including two willful violations resulting in $99,000 in penalties. The company is alleged to have failed to establish a testing program for noise exposure and to implement controls to reduce the level of exposure. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Three repeat violations with penalties of $20,000 are being proposed against the company for exposing employees to unsanitary conditions, hazards from unguarded conveyor belts and electrical hazards. OSHA issues repeat violations when it finds a substantially similar violation of any standard, regulation, rule or order at any other facilities in federal enforcement states.

Two serious health and 22 serious safety violations were identified with penalties totaling $70,000. The company failed to implement a monitoring program to excessive noise exposure and did not institute a training program on the hazards of noise exposure. Employees were exposed to hazards related to crushing, tripping, struck-by, amputations, falls and fire hazards. One other-than-serious safety violation with no penalty is also being proposed against the company for failing to implement a hazard communication program. 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.

"This company has been told in the past that it has worker safety and health issues and has even received assistance from the state's on-site consultation program, so its continued inaction demonstrates gross indifference to employees' well-being," said Kurt Petermeyer, OSHA's area director in Mobile, AL.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Mobile or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Mobile Office.

Related Past Posts
OSHA Citation Includes LOTO and RTK
Federal Government Sues Firm For $1,000,000 In Penalties
OSHA Issues Citations In Connection With NYC Crane Collapse

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Tuesday, June 23, 2009

What To Consider When Deciding Whether To Contest An OSHA Citation

The following question was asked on Business Management Daily this past Saturday.

"Our company just received a citation from the U.S. Occupational Safety and Health Administration (OSHA). The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?"

Michael Fox of Ogletree Deakins P.C. in Austin, Texas answered the question by saying, yes it is worth getting a lawyer involved. You can read his answer here.

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OSHA Proposes More Than $1.1 Million In Penalties

OSHA has cited Milk Specialties Co. in Whitehall, Wisconsin with violations of federal workplace safety and health standards and proposed $1,145,200 in penalties.

OSHA began a December 2008 inspection in response to a complaint alleging a variety of safety hazards at the company's whey processing plant. Willful citations have been issued for the employer's failure to comply with OSHA's confined space entry and control of hazardous energy requirements. Untrained employees entered confined spaces and performed maintenance and cleaning on powered equipment without protection from various hazards. Proposed penalties for the 17 willful violations total $1,071,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

"I am committed to ensuring workers return home to their families safe and healthy at the end of every shift," said Secretary of Labor Hilda L. Solis. "Employers must fully address hazards, properly train their employees and plan their work in a safe manner."

Seventeen serious citations, with proposed penalties totaling $52,400, include combustible dust and electrical hazards; lack of exit route lighting and signage; lack of confined space evaluations; uninspected fire extinguishers; and untrained and uncertified powered industrial truck operators, among other issues. A serious citation is issued when death or serious physical harm is likely to result if an accident were to occur from a hazard about which the employer knew or should have known.

Four repeat violations with penalties totaling $21,800 address the guarding of floor and wall openings, ladders and respiratory protection, and other issues addressed in previous inspections of this company. OSHA issues a repeat citation when it finds an employer's violation is substantially similar to a previously cited condition that was affirmed as a violation through a final order of the Occupational Safety and Health Review Commission.

Milk Specialties has been inspected by OSHA 15 times since 1974, including four inspections in Wisconsin between 2006 and 2008, with citations resulting from many of the same safety and health hazards cited in the most recent inspection.

The company engages in the research, development and manufacture of protein and fat products for nutritional applications and feeding regimes that include products such as pasteurized milk extenders, spray-dried protein encapsulated fats, dried whey permeates, and condensed whey and liquid whey products.

Related Posts:
OSHA Inspector Helps Avert Injury

Top Ten OSHA Violations in 2008
You Can't Win

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Friday, June 12, 2009

OSHA Proposes More Than $255,000 in Fines Against New Hampshire Firearms Manufacturer

OSHA has proposed $255,150 in fines against Sturm Ruger & Co. Inc. for 60 alleged violations of safety and health standards identified during the agency's inspections of the firearms manufacturer's Newport, N.H., plant conducted between November 2008 and May 2009.

"Our inspections identified a large number of mechanical, respirator protection, electrical, lead, fire, explosive and other hazards that must be effectively and continuously addressed to protect the workers at this plant from potentially deadly or disabling injuries and illnesses now and in the future," said Rosemarie Ohar, OSHA's area director in New Hampshire.

OSHA found that the company failed to guard rotating parts on drill presses, sanding and polishing machines despite its knowledge that employees were exposed to severe or fatal injuries if they came in contact with the rotating parts. As a result, OSHA has issued the company one willful citation with $63,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Additional safety hazards include the lack of spark detectors or suppression systems to minimize fire and explosion hazards in ventilation systems that collect combustible wood and metal dust; allowing combustible dust to accumulate; unguarded floors and platforms; lack of eyewashes and adequate personal protective equipment; inadequate procedures, equipment and training to lock out machines' power sources; improper storage of compressed gas cylinders; damaged, improperly used or ungrounded electrical equipment; additional unguarded machinery; and deficiencies with paint spray booths, confined space rescue, compressed air, forklifts and the transfer of flammable liquids.

The health inspection identified employees exposed to excess levels of lead dust; inadequate lead monitoring, training, hygiene, cleaning and disposal methods; inappropriate selection of respirators for lead; improper respirator fit-testing and use; no medical evaluations for employees using respirators; no refitting and retraining for employees who experienced a hearing threshold shift; and unlabeled containers of hazardous chemicals.

These conditions resulted in the issuance of 55 serious citations with $188,550 in fines. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

The company also has been fined $3,600 and issued four other-than-serious citations for inadequate recordkeeping.

Sturm Ruger has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with the area director or contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Concord Area Office; telephone 603-225-1629.

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Monday, March 09, 2009

OSHA Proposes More Than $293,000 In Penalties Against Phenix Lumber Co

OSHA is proposing $293,700 in penalties for 36 safety and health violations found at Phenix Lumber Co. in Phenix City, Ala.

The total proposed penalties include $202,500 for four safety citations and one health citation resulting from the company's failure to correct violations identified during a previous OSHA inspection. Those citations include the company's failure to obtain audiograms for employees exposed to noise hazards, not implementing specific lockout/tagout procedures to prevent accidental start-up of machinery and three instances where machine guards had not been installed in a timely manner.

In addition, OSHA is proposing $23,100 in penalties for one repeat and seven serious health violations; and $68,100 for 17 serious, five repeat and one other-than-serious safety violations. The health violations relate to poor housekeeping of combustible dust, lack of safety signs, lack of safety equipment, and using incorrect electrical and forklift equipment. The safety violations include unguarded machinery and pit openings, not utilizing lockout/tagout procedures, dangers to employees from unstable piles of lumber, lack of signage and improper use of electrical equipment.

"These financial penalties are the direct result of the company's failure to correct violations found in 2007," said Kurt Petermeyer, OSHA's area director in Mobile. "Even when OSHA staff pointed out problems during previous inspections and management agreed to correct them, the company did not follow through on its obligations."

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Mobile or contest the proposed citations and penalties before the independent Occupational Safety and Health Review Commission. The sites were inspected by staff from OSHA's Mobile Area Office, 1141 Montlimar Drive, Suite 1006; telephone 251-441-6131.

Other posts about OSHA citations:
OSHA Proposes $41,000 in Fines Against Sauerkraut Manufacturer
OSHA Proposes $273,000 In Fines For Lack Of Asbestos Safeguards
Contractor To Pay $750,000 OSHA Fine

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Wednesday, March 04, 2009

Eighth Circuit Court Overrules Review Commission in OSHA Multi-Employer Case

An article in yesterday's online edition of EHS Today reports on a February 26th decision by the Eighth Circuit Court of Appeals. The court ruled on the validity of OSHA's multi-employer citation policy. The ruling stated that:

"The Department of Labor's regulation 29 C.F.R. Sec. 1910.12(a) is unambiguous in that it does not preclude OSHA from issuing citations to employers for violations when their own employees are not exposed to any hazards related to the violations; even if the regulation was ambiguous, the court would defer to the Secretary's reasonable interpretation of the regulation; as a result, the Occupational Safety and Health Review Commission abused its discretion in determining that the controlling employer citation policy conflicted with the regulation." (Read the court decision here.)

Summit Contractors Inc. was cited for a safety violation by a subcontractor based on the "controlling employer" aspect of OSHA's multi-employer citation policy. This court ruling supports the multi-employer citation policy as being valid.

You can read the complete EHS Today article here.

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Monday, March 02, 2009

OSHA proposes $41,000 in Fines Against Sauerkraut Manufacturer

OSHA has cited Great Lakes Sauerkraut Co. LLC with $41,400 in proposed fines following inspections conducted under OSHA's Site Specific Targeting Plan. The agency cited the Shortsville, N.Y., sauerkraut maker with 16 alleged serious violations of safety and health standards at its manufacturing facility.

"These citations encompass a cross-section of mechanical, electrical, fall, noise, confined space and other hazards that should have been addressed prior to the inspection," said Christopher Adams, OSHA's area director in Syracuse.

Specifically, OSHA's inspection found numerous instances of moving machine parts not guarded against accidental employee contact; lack of a hazardous energy control program, training and equipment to prevent the accidental startup of machinery; unguarded live electrical parts; improper storage of compressed gas cylinders; and fall hazards stemming from a lack of fall protection, inadequate ladder safety, uncovered floor openings and unguarded open-sided work platforms and stairways.

Additional hazards included the lack of a confined space training program for employees whose duties involve entering sauerkraut tanks; lack of a hearing conservation program for employees exposed to excessive noise levels; and lack of training in fire extinguisher use and hazards associated with incipient stage fire fighting.

"One way of helping ensure and maintain a safe and healthful workplace is through the establishment of an effective safety and health management system in which employees and management work together to proactively evaluate, identify and eliminate hazardous conditions," said Adams.

OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known. Great Lakes Sauerkraut has 15 business days from receipt of the citations and proposed penalties to comply or contest them to the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.

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OSHA Proposes $273,000 In Fines For Lack Of Asbestos Safeguards

OSHA cited Blackstone Business Enterprises Inc. of Jamestown, N.Y., for 18 alleged willful and serious violations of OSHA standards for failing to protect contract employees against asbestos hazards.

The sheet metal and structural steel fabricator faces $273,000 in proposed fines for failing to provide required safeguards for temporary employees who were hired to remove asbestos-containing insulation from steam pipes at the company's Blackstone Avenue plant.

"The sizable fines proposed here reflect the fact that this company knew several of these critical safeguards were necessary yet chose not to provide them," said Arthur Dube, OSHA's area director in Buffalo. "Inhalation of asbestos fibers by workers may lead to lung disease and other disorders. That is why it is essential that effective protective measures be in place and in use whenever necessary. One means of identifying and preventing hazards such as these is to develop and maintain an effective safety and health management system."

Specifically, Blackstone did not perform air monitoring to determine the level of asbestos exposure nor did it provide workers with respirators, protective clothing and asbestos training. These conditions resulted in four willful citations, carrying $224,000 in proposed fines. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The company also has been issued 14 serious citations, with $49,000 in fines, for failing to determine the presence, location and quantity of asbestos-containing material; establish a regulated work area; properly clean and dispose of asbestos-containing material and contaminated clothing; inform employees and tenants of the asbestos removal; label asbestos-containing insulation and trash bags; and have the work overseen by a competent person. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Buffalo or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. Detailed information on asbestos is available on OSHA's Web site at: http://www.osha.gov/SLTC/asbestos/index.html and http://www.osha.gov/SLTC/asbestos/construction.html. Employers and employees with questions about workplace safety may call the agency's Buffalo Area Office at 716-551-3053; a toll-free hotline at 800-321-6742 may be used to report workplace accidents, fatalities or situations posing imminent danger to workers.

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Tuesday, February 24, 2009

Contractor To Pay $750,000 OSHA Fine

New York construction contractor agrees to pay $750,000 and take comprehensive jobsite safety steps in settlement with U.S. Labor Department

New York-based concrete construction contractor 160 Broadway Corp., doing business as Broadway Concrete, has agreed to pay a $750,000 fine as part of a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) addressing hazards cited last summer. The company also will take comprehensive steps to upgrade employee safety and health at its worksites.

In June 2008, OSHA cited Broadway Concrete and proposed $877,000 in penalties against the company for fall hazards at the 77 Hudson condominium construction project in Jersey City, N.J. The company initially contested the citations and penalties but withdrew its notice of contest as part of a settlement agreement, signed Jan. 26, 2009, which reclassified 13 of the 15 willful citations as repeat violations.

Under the agreement, Broadway Concrete and its sister company, Regal Construction, have agreed to abate all the cited hazards and take the following additional steps beyond what is required under OSHA standards:

  • Select and employ a full-time chief of construction operations and a corporate safety director to oversee construction operations and have authority over senior job superintendents in safety and health related issues.
  • Employ a full-time site safety director on each large project and have a safety director inspect smaller projects at least once a week; the safety directors will have authority to stop work and direct changes to ensure site safety.
  • Reduce the salary of senior job superintendents who fail to comply with applicable OSHA and job safety practices.
  • Complete a comprehensive review of current construction means, methods and safety procedures, including a crew-based, task specific hazard assessment for every phase of current construction operations.
  • Develop a new corporate safety and health plan.
  • Finalize a site specific safety and health plan for each new project before work begins, ensure the job superintendent reads it and provides copies to onsite employees.
  • Provide safety and health management training to superintendents and supervisory personnel working on each site, and train company and subcontractor employees on each site's safety and health plan.
  • Provide OSHA officials with information on major projects and access to all jobsites without need of a warrant for the next four years.
"This settlement commits and challenges these employers to take broad, effective and long-lasting steps to make employee safety and health a vital and ongoing business priority," said Robert Kulick, OSHA's regional administrator in New York. "Active and engaged safety and health management is a critical tool for reducing worksite hazards and their associated human and financial costs."

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Monday, February 23, 2009

OSHA Cites Employer For Confined Space Hazards Following Employee Death

OSHA cited Precision Industrial Maintenance Inc. (Schenectady, N.Y.) for alleged willful and serious violations of safety and health standards after an employee was fatally overcome by vapors while inside a tanker truck.

The Schenectady, N.Y., environmental and industrial maintenance company was cited following an August 2008 OSHA inspection of its Erie Boulevard facility.

"These citations encompass health and safety hazards associated with work in permit-required confined spaces, such as this one," said Edward Jerome, OSHA's area director in Albany. "These conditions must be addressed promptly and effectively. Left uncorrected, they expose employees to the potential hazard of asphyxia, which can be fatal."

OSHA has issued the company one willful citation, with a $35,000 proposed fine, for not providing employees with confined space rescue training at least every 12 months. Five serious citations, carrying $21,000 in fines, were issued for the company's failure to test conditions in confined spaces before entry; not completing required entry permits; not providing confined space training to employees; not evaluating rescue services for employees entering confined spaces; and lack of confined space warning signs.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

"One of the best means of preventing serious workplace hazards is to establish an effective safety and health management system through which management and employees work together to actively identify, analyze and eliminate work-related hazards," said Jerome.

The company, which faces a total of $56,000 in fines, has 15 business days from receipt of its citations and fines to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Albany Area Office; telephone 518-464-4338. Detailed information on permit-required confined spaces is available on OSHA's Web site at: http://www.osha.gov/SLTC/confinedspaces/index.html.

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Friday, January 09, 2009

Top Ten OSHA Violations In 2008

Graphic Products is offering a free copy of a guide to the Top Ten OSHA Violations In 2008.

This guide provides two top ten lists. The top ten OSHA violations based on the number of violations in fiscal year 2008, and the top ten violations based on the total amount of the assessed fines.

In addition to listing the violations, the guides provides a reference to the OSHA regulations that apply, as well as providing a brief description.

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Monday, December 15, 2008

Tonawanda, N.Y., Manufacturer Faces Additional $169,500 In Penalties From OSHA

The Wendt Corp., a Tonawanda, N.Y., manufacturer of automobile recycling equipment, faces an additional $169,500 in fines from the U.S. Department of Labor¿s Occupational Safety and Health Administration (OSHA) for failing to fully correct hazards cited during a prior OSHA inspection.

"The severity of these fines reflects both the seriousness of the cited conditions and the importance of correcting hazards completely and expeditiously," said Arthur Dube, OSHA's area director in Buffalo. "Uncorrected and unaddressed hazards pose an ongoing risk to employees¿ health and safety."

In April, OSHA cited the company for 15 serious violations of safety standards at its 2080 Military Road manufacturing plant and fined the company $13,500. The company paid the fine and agreed to correct all the cited hazards. However, a June follow-up inspection by OSHA found that seven of the cited items remained uncorrected.

Specifically, the company had not: established and implemented a respiratory protection program; provided appropriate respirator training and fit-testing for industrial painters required to wear respirators during spray painting operations; provided firefighting information for employees expected to fight incipient stage fires; provided screens or shields to protect employees working adjacent to welding operations; developed and implemented a hazard communication program; and provided hazard communication information and training to employees working with or exposed to welding fumes or hazardous chemicals.

As a result of these conditions, OSHA has issued Wendt Corp. seven failure to abate notices carrying $168,000 in proposed fines. OSHA also has issued the company one serious citation with a $1,500 fine for not medically evaluating employees¿ fitness to wear respirators. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

"One effective way that employers can address workplace hazards is to establish a safety and health management program through which employers and employees work together in a systematic and cooperative manner to evaluate, identify and eliminate hazardous conditions in their workplace," said Dube.

The company has 15 business days from receipt of the failure to abate notices and citation to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA¿s Buffalo Area Office; telephone 716-551-3053.

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Wednesday, December 03, 2008

NY Metal Fabricator Faces Additional $75,000 In Penalties For Failing To Correct Amputation Hazards

A Buffalo metal fabrication shop faces an additional $75,000 in penalties from OSHA for failing to fully correct hazards cited during a prior OSHA inspection.

In May, OSHA cited ATECH-S.E.H. Metal Fabricators Inc. for serious violations of safety standards after two employees at the company's 103 Norris St. plant lost parts of their fingers when a mechanical power press they were setting up for operation unexpectedly activated.

OSHA found that the power press had not been de-energized and physically locked out as required under OSHA's hazardous energy control, or lockout/tagout standard and that the employees had not been adequately trained in lockout/tagout procedures. ATECH-S.E.H. subsequently paid $6,000 in penalties and agreed to correct all cited hazards.

However, a follow-up inspection by OSHA to verify compliance determined that unsatisfactory corrective action had been taken. OSHA found that the lockout/tagout training was incomplete and lockout/tagout procedures were not followed, including one instance in which another employee was injured by the unexpected startup of a power press. As a result, OSHA issued the company two failure to abate notices, which carry $75,000 in new penalties.

"The sizable penalty proposed in this case reflects both the severity and recurrence of these hazards, and the employer's failure to properly correct them," said Arthur Dube. OSHA's area director in Buffalo. "Partial measures don't get the job done. Proper lockout/tagout training and procedures must be implemented and maintained completely, effectively and continuously to safeguard employees against possible injuries."

"In addition, one means of maintaining a safe workplace is to establish a safety and health management system through which employers and employees work together in a systematic and effective manner to evaluate, identify and eliminate hazardous conditions before they cause injury or illness," said Dube.

The company has 15 business days from receipt of its failure to abate notices to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.

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Friday, November 07, 2008

OSHA Cites International Paper Co. In Vicksburg, Miss., For Safety Violations

Paper mill chemical recovery boilers are dangerous. They burn black liquor to recover the chemicals used in pulp digesters. The black liquor burns in a pile in the bottom of a water cooled furnace, with smelt running off through openings near the bottom of the furnace. Water and smelt is an explosive mixture. It only takes a small amount of water getting into the furnace to produce a huge explosion. Since the furance walls are made from tubes filled with water, there is always water close at hand. As a result following proper start-up procedures is critical.

Here is the OSHA press release:

OSHA investigation followed May explosion that killed an employee, injured 22 others

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited International Paper Co.'s Vicksburg Mill in Vicksburg for workplace safety violations following an investigation into the May explosion of a recovery boiler during a start-up where 23 employees were injured, one fatally.

"The fines reflect the company's failure to establish procedures for a re-start of the recovery boiler without the power boiler being on-line," said Clyde Payne, OSHA's area director in Jackson, Miss. "Employees were exposed to a fire and explosion because the employer failed to develop written boiler set-up and operating procedures."

International Paper received one alleged willful and one serious violation. The willful violation is for failing to start the recovery boiler without adequate steam and not developing safe procedures to start up the recovery boiler when the primary power boiler is off-line. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The serious violation is for failing to have written procedures to determine that an adequate amount of odorant was being added to the natural gas supply line coming into the power plant. 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.

For these citations, OSHA is proposing $77,000 in penalties against the company.

International Paper, headquartered in Memphis, Tenn., is a paper and packaging manufacturer operating throughout the world. About 300 employees work at the Vicksburg site.

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Tuesday, October 07, 2008

OSHA Cites Pepsi-Cola and National Brand Beverage Ltd. For Machine Hazards

OSHA has cited Pepsi-Cola and National Brand Beverage Ltd. of Pennsauken with $195,000 in proposed penalties for alleged workplace safety and health violations.

OSHA initiated its investigation on April 1 in response to a complaint alleging that employees were exposed to hazards when clearing jams on the machine used to stack and transport pallets. As a result of the investigation, OSHA issued three willful citations.

The willful violations include the company's failure to provide training on lockout/tagout procedures, which prevent the inadvertent start-up of machinery or the release of hazardous energy, failure to apply lockout/tagout procedures when machines were being serviced and failure to properly guard machinery. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for the law.

"The machine hazards identified at this facility pose a serious safety threat to employees if left unabated," said Gary Roskoski, director of OSHA's Marlton, N.J., area office. "A proven way of ensuring future abatement of all serious hazards, compliance with OSHA regulations and the prevention of employee injury, illness and death is for Pepsi-Cola and National Brand Beverage Ltd. in Pennsauken to establish an effective safety and health management system."

The company has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Marlton Area Office; telephone 856-396-2594.

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Tuesday, September 16, 2008

OSHA Proposes More Than $41,000 In Penalties Against Beeline Store

MOBILE, Ala. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing $41,650 in penalties against Ganapatibapa Inc. for one willful and two serious safety violations found at its Ozark, Ala., Beeline Store.

The willful violation, which carries a proposed penalty of $38,500, stems from the company's failure to provide a standard guardrail or its equivalent on an open-sided platform four feet or more above the ground. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Ganapatibapa Inc. had been told about this violation in December 2007. After announcing that it would no longer utilize the platform, the company resumed its practice of requiring employees to use the platform to change gas pricing signs without modifying the structure to conform to OSHA safety regulations. Instead, the company supplied employees with a full-body safety harness but did not instruct them on its use.

"OSHA will not tolerate the practice of employers agreeing to correct safety hazards and then failing to make the required changes," said Clyde Payne, OSHA's acting area director in Mobile.

Ganapatibapa Inc. is also being cited for two serious violations with $3,150 in proposed penalties for exceeding the weight duty limit of a portable ladder and failing to provide appropriate training to employees.

The company has 15 business days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Mobile Area Office, 1141 Montlimar Drive, Suite 1006; telephone 251-441-6131.

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OSHA Citations Issued In Connection With Fatal NYC Crane Collapse

NEW YORK -- The U.S. Occupational Safety and Health Administration (OSHA) issued citations to three contractors with proposed penalties totaling $313,500 for alleged violations of safety standards after investigating the catastrophic March 15 collapse of a tower crane in New York City that killed seven people. The accident took place at 303 E. 51st St. in midtown Manhattan.

Cited were Rapetti Rigging Services Inc., the crane's erector; Reliance Construction Group, the project's general contractor; and Joy Contractors Inc., the project's concrete and superstructure contractor. Rapetti was cited for alleged problems associated with rigging the crane and lack of fall protection, while Reliance and Joy were cited for lack of fall protection, fire protection and other hazards unrelated to the crane collapse.

Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. said, "This case illustrates in stark terms that failure to follow required procedures can have wide-ranging and catastrophic consequences."

Rapetti Rigging has been issued three willful citations with penalties totaling $210,000 for allegedly failing, among other things, to comply with the crane manufacturer's specifications and limitations when erecting and raising the tower crane, to protect synthetic rigging slings from damage, to inspect the slings for damage or defects before use, and to remove a defective sling from service.

"Ultimately, the crane collapse was a failure to follow basic, but essential, construction safety processes," said Richard Mendelson, OSHA's area director in Manhattan.

Rapetti also has been issued five serious citations, with $10,000 in proposed fines for fall hazards. Employees working on the crane’s mast and at the edge of the 18th floor level and other areas lacked proper fall protection. Penalties proposed against Rapetti total $220,000.

Joy Contractors has been issued one repeat and 14 serious citations with proposed penalties totaling $74,000. The repeat citation alleges the lack of fall protection for employees working 180 feet above the ground. OSHA cited Joy in March 2007 for a similar hazard at a Mt. Pleasant, N.Y., worksite. The serious citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, unsafe material storage, and hazards created by the eccentric loading of concrete shoring and formwork.

Reliance Construction Group has been issued 11 serious citations with a total of $19,500 in proposed penalties. The citations allege failure to train employees in jobsite hazards, unsafe work area debris, fire hazards, fall hazards, and hazards created by the eccentric loading of concrete shoring and formwork.

This inspection was conducted by OSHA's Manhattan Area Office; telephone 212-620-3200. OSHA’s inspection of the May 30 crane collapse at 91st Street and First Avenue in New York City is still ongoing.

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Monday, July 07, 2008

Florida Manufacturer Ignores Fire Dept. Warning, Receives OSHA Citation

OSHA cites Medley, Fla., manufacturer with 12 safety violations and proposes more than $64,000 in penalties.

OSHA finds the company willfully endangered employees by ignoring fire department warning

OSHA is proposing $64,250 in penalties following an inspection of Konie Cups International's Medley, Fla., manufacturing plant, which revealed 12 alleged safety violations.

OSHA is proposing one willful violation with a $49,000 penalty. Despite an earlier warning given to the company by local fire officials, OSHA discovered during its inspection that an exit door was locked and the key not easily accessible to all employees in case of an emergency. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The company is receiving seven serious safety violations with penalties totaling $12,750. Employee safety was at risk because liquid propane tanks were stored near an exit route and too many tanks of the explosive gas were stored inside the building. Other problems included electrical hazards, slip and fall hazards, lack of eye protection, lack of a hearing conservation program, exposing employees to amputation hazards and lack of an established lockout/tagout program to prevent machines' unintended startup.

OSHA also has cited Konie Cups International for four other-than-serious violations with proposed penalties of $2,500.

"If a fire occurred in this plant, employees could die because this employer chose to ignore basic safety precautions," said Darlene Fossum, OSHA's area director in Fort Lauderdale.

The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Fort Lauderdale Area Office, 8040 Peters Road, Building H-100, telephone 954-424-0242.

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Wednesday, June 11, 2008

$193,000 In Fines For A Laurel, MS Manufacturer With 54 Safety Violations

OSHA has proposed $193,000 in penalties against Howard Industries for 54 violations of federal safety rules at the company's two manufacturing locations in Laurel, Miss.

The producer of electrical power products is being cited with 36 serious violations and proposed penalties of $123,500 at its Pendorf Road plant, with an additional 15 serious violations and proposed penalties of $41,000 at its Eastview plant. The violations include failing to provide employees with proper protective equipment, and to provide machine guards and lockout-tagout procedures. Lockout/tagout refers to preventing accidental start-up of machinery during maintenance.

Two repeat violations with penalties of $27,500 are being proposed for violations similar to those noted during earlier inspections in 2007. Chemical containers lacked identification labels and chains used as slings for lifting loads were shortened using makeshift measures rather than reducing the number of links.

One citation with a $1,000 penalty has been proposed for the company's failure to make material safety data sheets (MSDS) readily accessible to employees in their work area. A MSDS provides both employees and emergency personnel with information that is of particular use if a spill or other accident occurs.

"It is unconscionable for an employer to tolerate serious injuries, including amputations, as just a cost of doing business, rather than get out into the production areas and fix these numerous problems before employees get injured," said Clyde Payne, director of OSHA's Jackson Area Office.

The company has 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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Fall and Cave-In Hazards Lead To $120,000 in OSHA Fines

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited two Massachusetts contractors for alleged violations of safety standards at a Concord construction site and proposed combined penalties totaling $120,200.

OSHA's inspection of a McDonald's restaurant construction site at 117 Loudon Road found employees of Shawnlee Construction, a Plainville, Mass., roofing contractor, exposed to fall hazards. Employees of James T. Lynch Contractors Inc., a Reading, Mass., excavation contractor, were found to be exposed to cave-in hazards. Shawnlee faces a total of $96,500 in proposed fines and Lynch a total of $23,700 in proposed fines.

"These are two of the deadliest, yet most preventable, hazards in construction work," said Rosemarie Ohar, OSHA's area director in Concord. "Failing to ensure that the proper safeguards are in place and in use needlessly exposes employees to death or serious injuries from falls or being buried in a cave-in."

Specifically, Shawnlee employees were found to be working atop 15-foot high trusses without fall protection and were not adequately trained in anchoring their fall protection lifelines. These conditions resulted in two repeat citations, carrying $82,500 in proposed fines. OSHA had cited Shawnlee in 2005, 2006 and 2007 for similar conditions at work sites in Connecticut, Massachusetts and Rhode Island.

Shawnlee also has been issued two serious citations, with $12,000 in fines, for lack of eye protection for employees using nail guns and improper use of fall protection harnesses and lanyards. Two other-than-serious citations, with $2,000 in fines, were issued for the company's failure to maintain and provide the illness and injury log in a timely manner.

Employees of James T. Lynch Contractors were observed working in a 7-foot deep excavation that lacked adequate protection against a collapse of its sidewalls. This finding has resulted in one willful citation, carrying a $21,000 fine. Lynch also has been issued three serious citations, with $2,700 in fines, for an access ladder of insufficient height and for lack of a hazard communication program and training for its employees.

Each company has 15 business days from receipt of its citations to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission.

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Thursday, June 05, 2008

OSHA Cites Parking Garage Construction Contractors After Worker Is Crushed

OSHA has cited contractors for nine safety violations after an employee was fatally crushed when the Berkman Plaza II parking garage under construction in Jacksonville, Florida collapsed.

The citations carry a proposed $192,800 in penalties. These include a willful violation carrying a $49,500 penalty against Choate Construction, the general contractor, and two willful violations with penalties totaling $125,000 against Southern Pan Services (SPS), the concrete formwork contractor. Choate and SPS are each receiving a willful violation for failing to have a qualified person determine if the structure could support the additional three-quarters of an inch of wet concrete weight that was added to the 20-inch floor slab.

In addition, one willful violation is being proposed against SPS for failing to obtain a reshoring drawing, including all revisions, for the reshoring design method used at the site.

Choate Construction is also being cited for one serious violation with a proposed $6,300 penalty and one other-than-serious violation with a $900 penalty. SPS is receiving two serious violations resulting in $7,500 in proposed penalties.

A.A. Pittman, a concrete finishing contractor, is being cited for two other-than-serious violations and $3,600 in penalties for recordkeeping violations discovered during the inspection.

"These employers are experienced in this type of construction and know all too well that disaster can occur when engineering drawings are not adhered to, or are modified, as occurred in this tragic collapse, without the approval of a professional engineer," said James Borders, OSHA's area director in Jacksonville.

The companies have 15 business days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Jacksonville Area Office.

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OSHA Cites North East Linen Following Double Fatality

OSHA has cited North East Linen (Linden, N.J.) for multiple alleged safety and health violations after a double fatality.

OSHA initiated its investigation on Dec. 1, 2007, following the fatal accident. Two employees, who were cleaning a waste water tank, were discovered at the bottom of the tank, which was oxygen-deficient and contained hazardous chemicals. The investigation resulted in one willful, 12 serious and two other-than-serious violations.

"North East Linen did not take the appropriate steps to train its employees about potential hazards and to ensure its employees did not enter the waste water tank, which led to this tragedy," says Robert D. Kulick, director of OSHA's Avenel, N.J., area office.

The company was cited for a willful violation for failing to provide hazard communication training. The serious citations include North East Linen's failure to provide adequate means of egress; to take effective measures to prevent employees from entering the waste water tank; to lock out, or prevent accidental start-up of, equipment; to determine the presence and quantity of asbestos-containing material and not labeling the material; to close unused openings on an electrical panel; and to provide other necessary training.

"This horrible tragedy underscores the need for all employers to implement effective safety and health management systems," said Louis Ricca Jr., acting administrator for OSHA's New York region. "It also reinforces the need for employers to provide their employees with appropriate training, direction, personal protective equipment and engineering controls, particularly when working in and around confined spaces."

OSHA is proposing a total of $79,250 in fines for the combined violations.

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N.Y. Paper Manufacturer Faces 35 Workplace Safety Citations And $116,250 Fine

Brownville Specialty Paper Products Inc. cited following death of employee:

OSHA has cited Brownville Specialty Paper Products Inc., in Brownville, NY, for 35 alleged willful and serious violations of safety standards following the death of an employee at its 1 Bridge St. plant.

The employee was fatally crushed on Dec. 5, 2007, by two large rolls of paper, weighing approximately 2,500 pounds, that rolled out of a rewinding machine. OSHA's inspection found that the machine's barrier guard was not interlocked with its drive mechanism to prevent the rolls from being ejected during rewinding operations, and the company knew of the hazard but did not correct it.

"This accident could have been prevented had this machine been properly guarded against this hazard," said Christopher Adams, OSHA's area director in Syracuse. "This case illustrates in the starkest possible terms why effective safeguards are necessary to prevent death and injury on the job."

OSHA has issued Brownville Specialty Paper Products one willful citation, carrying a $49,000 proposed fine, for the unguarded rewinding machine. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

OSHA's inspection also identified hazards involving blocked and obstructed emergency exit routes; fall hazards from unguarded stairways and work platforms, ladder deficiencies, lack of safety belts and lifelines, and an emergency exit opening onto an unguarded 30-foot-high landing; various unguarded moving machine parts; improper compressed gas storage; uninspected lifting equipment; several electrical hazards; respirator safety deficiencies; inadequate hearing protection; no emergency response plan and training for liquid chlorine spills; lack of training for employees entering confined spaces; unlabeled steam pipes and chlorine lines; and incomplete energy control procedures to prevent the unintended startup of machinery.

These conditions resulted in OSHA issuing the company 34 serious citations, with an additional $67,250 in proposed fines. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known. In all, the company faces a total of $116,250 in fines for the willful and serious citations.

Brownville Specialty Paper Products Inc. has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Syracuse Area Office; telephone 315-451-0808.

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