OSHA Citations Directory

  


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OSHA CITATIONS 2001   CLICK HERE for Regions Map and Offices
Note:  Texas is in Region 6
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Here is an ongoing directory of OSHA citations from the OSHA.gov website.  Citations most recently announced are at the top.  To search for specific key words or topics (i.e. lockout, ppe, fall protection, carbon monoxide, Texas, Houston), use your browser's search features.  For Internet Explorer or Netscape, look top left of screen, click Edit and then Find in Page / Find on This Page; or press the Control Key and F Key at the same time.  Note:  This long file contains all of OSHA's press releases this year about inspections.  It may take longer than normal to download. 

 

__________________________________  JULY 2001

 

 

Region 1 News Release: BOS 2001-116
Tuesday, July 24, 2001
Contact: Ted Fitzgerald
Phone: 617-565-2074

OSHA CITES NORWELL, MASS., CONTRACTOR FOLLOWING PLYMOUTH, MASS.,
CHEMICAL FIRE WHICH HOSPITALIZED WORKERS

BOSTON - The U.S. Labor Department's Occupational Safety and Health Administration
(OSHA) has cited W. J. Murphy Construction Company, Inc., of Norwell, Mass., for nine
alleged serious violations of the Occupational Safety and Health Act and proposed
$23,800 in fines against the contractor following a February 5, 2001, chemical fire at a
Plymouth, Mass., worksite which sent three workers and four firefighters to the hospital
for evaluation and treatment.

The fire occurred during the demolition of a former computer diskette manufacturing plant
at 40 Grissom Road in Plymouth. Murphy Construction employees were cutting pipes which
formerly carried the flammable chemicals toluene, cyclohexanone and methyl ethyl ketone
solvent, when residual amounts of the toluene and cyclohexanone contained in the pipes
spilled onto the concrete floor and were ignited by sparks from the workers' cutting tools.

"OSHA's inspection found that Murphy Construction failed to purge, ventilate and test the
pipes prior to cutting, did not instruct employees in the hazards associated with the
chemicals and the pipe cutting, lacked written hazard communication information about
the chemicals and failed to provide the workers with protective clothing and gloves, face
shields and respiratory protection," said Brenda Gordon, OSHA area director for Boston
and southeastern Massachusetts. 

"This employer should not have assumed that these pipes were devoid of flammable
chemicals," said Gordon. "The proper procedure would have been to test and purge the
pipes before cutting, as well as properly train workers to recognize and address the
hazards posed by flammable chemicals. Proper training and preparation are key workplace
safety elements; had they been provided, this incident might have been avoided."

The workers were also exposed to fire hazards stemming from failure to adequately train
them in fire extinguisher use, unmaintained fire extinguishers and the lack of an effective
written fire protection program. The inspection also identified fall hazards of more than 14
feet, electrocution hazards from the use of ungrounded power tools, tripping hazards from
unguarded floor holes, and vehicular hazards from workers not being trained in the safe
operation of forklifts.

W.J. Murphy Construction Company, Inc. has 15 working days from receipt of its citations
and proposed penalties to either elect to comply with them, to request and participate in
an informal conference with the OSHA area director, or to contest them before the
independent Occupational Safety and Health Review Commission.

Gordon urged southeastern Massachusetts employers and employees with questions
regarding workplace safety and health standards to contact the OSHA area office in
Braintree at 617-565-6924 and added that OSHA's toll-free, nationwide hotline --
1-800-321-OSHA (1-800-321-6742) -- may be used to report workplace accidents or
fatalities or situations posing imminent danger to workers, especially if they occur outside
of normal business hours.

Additional information on OSHA standards may be found on the Internet at the agency's
website: www.osha.gov.

OSHA defines a serious violation as one in which there is a substantial probability that
death or serious physical harm could result, and the employer knew, or should have
known, of the hazard.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed. 

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Region 4 News Release: USDOL: 01-122
Tues., July 24, 2001
Contact: Lana Graves
Phone: (334) 441-6131

OSHA CITES ALABAMA PLANT FOR SAFETY VIOLATIONS; PROPOSES $263,500 IN
PENALTIES.


MOUNDVILLE, Ala. -- The U.S. Department of Labor's Occupational Safety and Health
Administration today concurrently issued citations and signed a settlement agreement
with Lawter International, Inc. The employer agreed to accept 20 unclassified violations
of OSHA standards with assessed fines totaling $263,500.

The settlement follows an OSHA inspection of Lawter International, a wholly owned
subsidiary of Eastman Chemical Company, which began Jan. 24 after a complaint from a
contract employee that he was exposed to releases of hazardous boron trifluoride (BF3)
while working in the Moundville hydrocarbon plant.

OSHA's inspection confirmed that employees were being exposed to BF3 releases at a
scrubber for aging tanks, a problem which dated back to 1998. Employees were also
exposed to BF3 releases at other locations throughout the plant. Other violations of
OSHA's standard for process safety management of highly hazardous chemicals included
failure to follow procedures required for chemical process changes -- in this case, when
the company added a piece of equipment to the hydrocarbon process -- and failure to
make necessary corrections noted during a 1995 process hazard analysis and an internal
process safety management audit conducted in 1998.

The inspection also found that employees engaged in emergency response had not
received mandatory training for response to hazardous waste spills, and there was no
program for handling small releases of hazardous waste. In addition, workers were not
provided proper respiratory protection when working in areas where they could be
exposed to BF3, or for emergency escape from releases hazardous waste. 

"This employer allowed hazardous conditions to go uncorrected and BF3 releases to
persist," said Lana Graves, OSHA's Mobile area director. "Following our inspection,
however, we were able to work with Lawter and Eastman Chemicals to identify ways to
enhance the company's safety and health programs. Management's commitment extended
beyond abatement of the noted hazards to a genuine effort to address employee
concerns."

As part of the settlement, Lawter agreed to:
  • form a joint management/union training and education committee to perform task
    analysis of each job at the plant to determine skills needed; 
  • provide each employee with at least 24 hours of on and off-site task-based training
    annually; 
  • establish a continuing education program to assist employees in developing and
    meeting training needs; 
  • work with the Moundville Volunteer Fire Department and the Tuscaloosa Fire
    Department to provide an integrated and effective response to plant emergencies; 
    participate in a focus group with OSHA's Mobile area office to exchange information
    and experiences related to process safety management; 
  • provide OSHA's Mobile office with quarterly reports of chemical releases requiring an
    incident investigation; 
  • require supervisory personnel for all resident contractors to complete a minimum of
    30 hours of OSHA-related safety and health training and all employees of other
    outside contractors to complete a minimum of 10 hours of such training; 
  • establish a Community Action Panel to address public concerns and provide
    information about chemical processes at the plant. 

OSHA also cited two contractors working on-site during the plant inspection and fined
each $12,600. Pelham-Ala.-based Gulf States, Inc., is Lawter's resident contractor for
process equipment additions and repairs, and was working on plant expansion at the time
of OSHA's inspection. Another contractor, BE&K Engineering of Birmingham, was upgrading
piping and instrumentation diagrams for the site. Both contractors were cited for two
serious safety violations: not training employees for potential chemical hazards in the
workplace and not providing appropriate respirators.

Lawter International, based in Pleasant Prairie, Wisc., employs about 70 workers at its
two Moundville plants -- the Hydrocarbon plant and the Krumbhaar plant -- to
manufacture chemicals used in making inks and the coatings that enhance their
performance. OSHA has inspected the company numerous times with resulting serious,
willful and repeat citations and failure to abate notices.

Inspection of the plant was conducted by OSHA's area office located at 3737
Government Boulevard, Suite 100, Mobile, Ala., 36693-4309; phone: (334) 441-6131.


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Region 4 News Release: USDOL: 01-121
07/19/01
Contact: William A. Burke
Phone: (205) 731-1534

OSHA CITES ALABAMA CONSTRUCTION COMPANY AND PROPOSES OVER $85,000 IN
PENALTIES

WALNUT GROVE, Ala. - The Labor Department's Occupational Safety and Health
Administration today cited Clark Construction Company, Inc., for alleged serious and
willful safety violations with proposed penalties totaling $85,400 following the
investigation of a Feb. 2 fatal accident at a Thompson Bridge Road construction site.

On the day of the fatality, four of the bridge construction company employees were
removing a 21-foot section from an 80-foot link-belt crane boom. As one employee --
standing underneath the crane -- pounded out a pin, the boom collapsed and fell on him.

The company was issued a willful citation with a proposed penalty of $63,000 for not
properly supporting the crane, which was about six feet off the ground.

"Had this employer followed the manufacturer's instructions and OSHA regulations
regarding the dismantling of the crane, this fatality would have been avoided," said
William A. Burke, OSHA's Birmingham acting area director. 

OSHA also cited the company for two alleged serious safety violations with proposed
penalties totaling $11,200 for failing to inspect the crane each day prior to its use to
assure that it was in safe operating condition, and for failing to properly train employees
to recognize and avoid unsafe conditions.

The company received an additional $11,200 proposed penalty for a repeat violation:
failing to barricade the accessible rear-swing-radius area of the crane cab so employees
could not enter that space and risk being crushed as the cab turned. In 1999, OSHA
cited the company for a similar violation and that citation became a final order of the
independent Occupational Safety and Health Review Commission.

The Headland, Ala.-based company has 15 work days to contest the citations and
proposed penalties before the Occupational Safety and Health Review Commission.

The inspection was conducted by OSHA's Birmingham, Ala., office located at Todd Mall,
2047 Canyon Rd.; phone: (205) 731-1534.

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Region 4 News Release: USDOL: 01-120
Wed., July 18, 2001
Contact: Lana Graves
Phone: (334) 441-6131

OSHA CITATIONS AGAINST CAROLINA STEEL FOR SAFETY VIOLATIONS AT
MONTGOMERY PLANT RESULT IN PROPOSED PENALTY OF $55,775


MONTGOMERY, Ala. -- The U.S. Department of Labor's Occupational Safety and Health
Administration cited Carolina Steel Corporation on June 29 and proposed a $55,775
penalty for alleged safety violations at the company's Montgomery, Ala., plant.

Following a planned inspection of the facility, OSHA cited Carolina Steel for 23 alleged
serious violations of safety standards, including:
  • lack of guardrails for fall protection;
  • failure to adequately inspect/maintain/repair forklifts and cranes;
  • blocked access to electrical and fire protection equipment;
  • lack of proper machine guarding for machinery such as saws and bench grinders;
  • inadequate training for lockout/tagout, emergency response and fire extinguisher use;
  • lack of a written program for confined space entry; and
  • incomplete written programs for emergency response and lockout/tagout procedures

"OSHA encourages companies to be proactive in their approach to safety and health.
With a fully enforced, comprehensive written safety program, this employer could have
eliminated hazards such as those we found during our inspection," said Lana Graves,
OSHA's Mobile area director.

OSHA defines a serious violation as one in which there is a substantial probability that
death or serious physical harm could result and that the employer knew or should have
known of the hazard.

Of Carolina Steel's 500 workers nationwide, 75 are employed at the Montgomery plant
where bridge girders are manufactured. 

The company has 15 working days to contest OSHA's citations and proposed penalties
before the independent Occupational Safety and Health Review Commission. Inspection of
the facility was conducted by OSHA's area office located at 3737 Government Boulevard,
Suite 100, Mobile, Ala., 36693-4309; phone: (334) 441-6131.


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Region 4 News Release: USDOL: 01-119
Mon., July 16, 2001
Contact: James Borders
Phone: (912) 652-4393

OSHA CITES COMPANY AFTER TREE TRIMMING FATALITY

Oak Hill, Fla. – The Labor Department's Occupational Safety and Health Administration
has cited Asplundh Tree Expert Co. for eight serious safety violations and proposed
penalties totaling $41,000 following the investigation of a Jan. 30 fatal accident at an
Oak Hill job site.

The accident occurred when one of a three-member work crew removing tree branches
climbed into an aerial lift and began operating the controls. The worker – not facing the
direction of the lift – was electrocuted when he came in contact with overhead power
lines.

OSHA cited the company for: permitting unauthorized employees to operate aerial lifts;
failing to have a designated employee observe an aerial lift and give timely warning before
the lift gets too close to power lines, and failing to provide proper safety training to
employees.

OSHA defines a serious violation as one in which there is substantial probability that
death or serious physical harm could result and that the employer knew or should have
known of the hazard.

"Nationwide, this company has been inspected 200 times in the past ten years, 43 times
because of accidents," James Borders, OSHA's Jacksonville area director said. "Too many
workers in Florida are being injured and killed because of unsafe work practices that are
easily corrected."

In 2000, in order to address the high number of fatalities in the state related to contact
with energized overhead power lines, OSHA launched a Local Emphasis Program (LEP).
The program follows extensive outreach activities with an equally extensive inspection
and enforcement effort.

Jupiter, Fla.-based Asplundh Tree Expert Co. had 27 workers at this job site and employs
21,000 nationwide. The company has 15 working days to contest the citations and
proposed penalties before the independent Occupational Safety and Health Review
Commission. 

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Region 4 News Release: USDOL: 01-118
Wed., July 11, 2001
Contact: Roberto Sanchez
Phone: (912) 652-4393

OSHA CITES FITZGERALD, GA., COMPANY AND PROPOSES $116,000 IN 
PENALTIES FOR SAFETY AND HEALTH VIOLATIONS


ATLANTA – The Labor Department's Occupational Safety and Health Administration today
cited Delphi Automotive Systems and proposed $116,000 in penalties for safety and
health violations found during an abatement verification inspection at the company's
Fitzgerald, Ga., facility.

OSHA had initially inspected the plant on March 22, 2000, after complaints about working
conditions at the battery manufacturing plant were filed with the agency. The company
was cited at that time for failing to properly protect workers from over-exposure to lead.

Today the company was cited for three repeat violations with proposed penalties totaling
$85,000 for failing to: provide employees with proper respiratory protection; properly
store lead-contaminated clothing, and keep lead dust from accumulating within the plant.
Repeat violations occur when an employer has been cited previously for a substantially
similar condition and the citation has become a final order of the independent
Occupational Safety and Health Review Commission.

The agency also issued seven serious citations with proposed penalties totaling $31,000
for unguarded floor openings, unguarded robotic machines; improperly maintained
respirators and for not having "lockout/tagout" procedures in place that would make
machines inoperable during maintenance and repair work. OSHA defines a serious violation
as one in which there is a substantial probability that death or serious physical harm
could result and that the employer knew or should have known of the hazard.

"The company is working with us to correct these hazardous conditions," said Teresa
Harrison, OSHA's Savannah area director. "Hopefully, this cooperative spirit will translate
into continued proactive measures to ensure worker safety and health."

The company, which employs 20,000 workers company-wide, has 15 working days to
contest OSHA's citations and proposed penalties before the independent Occupational
Safety and Health Review Commission.

Lawrenceville, Ga.-based All Walls has 15 working days to contest OSHA's citations and
proposed penalties before the independent Occupational Safety and Health Review
Commission.

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Region 4 News Release: USDOL: 01-117
Wed., July 11, 2001
Contact: Les Grove
Phone: (813) 626-1177

CONTRACTOR FINED $122,850 FOR SAFETY VIOLATIONS AT SARASOTA
CONSTRUCTION SITE


SARASOTA, Fla. -- The U.S. Labor Department's Occupational Safety and Health
Administration today cited All Walls Construction, Inc., and proposed $122,850 in
penalties for willful and serious scaffold safety violations at a Sarasota, Fla., construction
site. All Walls had been hired to perform stucco work at the site.

Following a safety inspection initiated in January, OSHA fined All Walls $98,000 for two
willful safety violations -- allowing scaffolds to be erected, dismantled and altered
without supervision by a qualified, competent person and failing to provide required
training about scaffold hazards.

"Company managers knew no competent person was on-site to supervise erection and
dismantling of scaffolding but made a conscious decision to allow the work to proceed,"
said Les Grove, OSHA's acting area director, Tampa. OSHA issues willful citations when
there is intentional disregard of safety standards and regulations.

Both North Carolina and South Carolina state agencies inspected All Walls in 1998 and
issued citations for the same violations found in Sarasota. In addition, the general
contractor on the job site advised the sub-contractor to abate the scaffold-related
hazards on several occasions.

OSHA proposed additional penalties totaling $24,850 for seven serious scaffolding
violations, including unsafe working decks, a hazardous scaffold walkway, no safe means
of access to the scaffold, absence of guardrails, and lack of worker protection from
objects falling from the scaffold. Serious citations are issued when there is substantial
probability that death or serious physical harm could result and the employer knew, or
should have known, of the hazard.

Lawrenceville, Ga.-based All Walls has 15 working days to contest OSHA's citations and
proposed penalties before the independent Occupational Safety and Health Review
Commission.

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Region 6 News Release: OSHA-01-81
July 10, 2001
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

OSHA PROPOSES $63,000 IN PENALTIES AGAINST APPLE FABRICATION INC.,
DUNCANVILLE, TEXAS, FOR ALLEGED SAFETY VIOLATIONS

DALLAS-The Occupational Safety and Health Administration cited Apple Fabrication Inc.,
in Duncanville, Texas, with four alleged violations and a penalty totaling $63,000 for
exposing employees to atmospheric hazards.

The alleged violations were discovered during an OSHA investigation that began on Jan.
9, 2001, in response to a fatality. The employee was killed after being overcome by
trichloroethylene vapors while working inside a steel rinse tank. The employer was cited
with two willful and two serious violations.

The alleged willful violations included failure to implement the confined space entry
procedures. Employees who enter and work inside rinse tanks must follow a precise series
of steps to control hazardous conditions before entry. The employer also allegedly did not
perform air monitoring or require employees to wear respirators. A willful violation is
defined as one committed with an intentional disregard of, or plain indifference to, the
requirements of the Occupational Safety and Health Act.

The two serious violations were for not having an attendant present when employees
entered into the steel rinse tanks and for not implementing procedures for summoning
rescue. A serious violation is one in which there is a substantial probability that death or
serious physical harm could result from the violation.

"The employer, knowing the hazards associated with the chemicals used during the tank
lining operations, repeatedly allowed the employees to work inside these steel rinse tanks
without using any safety procedures or equipment," said Kathryn Delaney, Dallas OSHA
area director.

Employers and employees with questions regarding workplace safety and health standards
can call the nearest OSHA office. OSHA's toll-free hotline may be used to report
workplace accidents, fatalities or situations posing imminent danger to workers. The
number is 1-800-321-6742.

Apple Fabrication has 15 working days from the receipt of the citations, to either comply
request an informal conference with the Dallas OSHA area director, or contest the
citations and proposed penalties before the independent Occupational Safety and Health
Review Commission.

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Region 1 News Release: BOS 2001-106
Thursday, July 5, 2001
Contact: John M. Chavez
Phone: (617) 565-2075

OSHA CITES MASSACHUSETTS AND NEW HAMPSHIRE EMPLOYERS FOR EXPOSING
WORKERS TO FALL HAZARDS AT HOLLISTON, MASS., WORKSITE; OVER $108,000 IN
PENALTIES PROPOSED


BOSTON -- The Occupational Safety and Health Administration of the U.S. Department of
Labor has cited Peabody Construction Co. of Braintree, Mass., and A.J. Desjardins Roofing
Co. of Exeter, N.H., for alleged violations of the Occupational Safety and Health Act for
exposing employees to serious fall hazards at a Holliston, Mass., worksite. The alleged
violations carry combined proposed penalties totaling $108,400.

In January, OSHA was informed by Holliston town officials that contractors doing roofing
work on buildings at Holliston High School were not taking appropriate safety precautions.
OSHA initiated its inspection of the site on Jan. 12, 2001, and discovered that employees
of both companies were being exposed to falls of 13 feet from unprotected building roofs.

Both companies have significant previous OSHA inspection histories and both have been
cited in the past for exposing employees to fall hazards. "It is simply inexcusable to once
again find these employers exposing their workers to potentially fatal falls when they are
quite obviously aware of the fall protection requirements of the law. Since they again
decided on this project to ignore those requirements, we are citing both employers for
willful violations of the law," Richard J. Fazzio, OSHA's area director for Northeastern
Massachusetts said.

A willful violation is defined by OSHA as one committed with an intentional disregard of, or
plain indifference to, the requirements of the Occupational Safety and Health Act and
regulations.

Peabody Construction Co. is being cited for one alleged willful violation for exposing two
carpenters to falls of 13 feet while they were working on a roof with unprotected sides
and no fall protection equipment being used. OSHA is proposing a penalty of $63,000 for
this violation.

A.J. Desjardins Roofing Co. is being cited for one alleged willful violation for failure to
provide fall protection of any sort to five employees engaged in roofing work on a roof 13
feet high. A fine of $28,000 is proposed for this alleged violation.

OSHA has also cited Peabody Construction for one alleged repeat violation for allowing
employees to work on elevated surfaces with uncovered holes into which they could
accidentally step. The employer had been cited twice in 1999 for similar violations. A
repeat violation is defined by OSHA as one where, upon reinspection, a substantially
similar violation is found. In this instance, the proposed penalty is $14,000.

A.J. Desjardins is also being cited for two alleged serious violations carrying proposed
penalties totaling $3,400. These are for allowing employees to work on a surface with
uncovered holes and for failure to provide safe access from one roof surface to another.
OSHA defines a serious violation as one in which there is substantial probability that
death or serious physical harm could result, and the employer knew, or should have
known, of the hazard.

Fazzio urged employers and employees with questions about safety and health standards
to contact the OSHA area office in Methuen (617-565-8110). OSHA's toll-free nationwide
hotline -- 1-800-321-OSHA may be used to report accidents and fatalities or situations
posing imminent danger to workers, especially outside of normal business hours. Another
source of information is OSHA's Web site: www.osha.gov.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed.

The company has 15 working days from receipt of the citations and proposed penalties to
either elect to comply with them, request and participate in an informal conference with
the OSHA area director, or contest them before the independent Occupational Safety and
Health Review Commission.

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Region 6 News Release: OSHA-01-80
July 3, 2001
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

OSHA PROPOSES $74,300 PENALTY AGAINST SSI, INC., IN FORT SMITH, ARK.

DALLAS - The Occupational Safety and Health Administration cited SSI, Inc., in Fort
Smith, Ark., for alleged safety and health violations with penalties totaling $74,300.

SSI is a general building contractor that employs about 80 workers, with corporate offices
in Fort Smith.

The alleged violations were discovered during an OSHA investigation that began April 18,
2001 in response to a complaint concerning a fall at a construction site. The company
was cited with one alleged willful, three alleged serious, and one alleged repeat violation. 

The alleged willful violation was for failing to provide adequate fall protection for
employees walking or working on walkways approximately 17 feet above the ground. A
willful violation is cited under the Occupational Safety and Health (OSH) Act where the
evidence shows either an intentional violation of the OSH Act or plain indifference to its
requirement.

The three alleged serious violations consisted of failing to provide adequate covers to
protect employees from tripping on or stepping into open floor holes, failing to properly
identify hole covers, and failing to adequately train employees in the hazards to which
they may be exposed to while working at heights. A serious violation is one in which there
is a substantial probability that death or serious physical harm could result. 

The alleged repeat violation consisted of failing to provide fall protection for employees
working on open-sided floors approximately 17 feet above the ground . A repeat violation
is one in which the employer was cited for a violation of the same or similar standard
within the past three years.

Employers or workers who have questions concerning safety and health can contact the
Little Rock Area Office at (501) 324-6291. They may also take advantage of the free
consultation offered by the Arkansas Department of Labor Consultation Service at (501)
682-4520.

SSI has 15 working days from receipt of the citations to comply with the citations,
request an informal conference with the Little Rock area director, or contest the citations
and penalties before the independent Occupational Safety and Health Review Commission.

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TRADE NEWS RELEASE
Monday, July 2, 2001
Contact: Frank Meilinger
Phone: (202) 693-1999

OSHA PROPOSES $416,000 IN PENALTIES AGAINST CONSTRUCTION COMPANY


OSHA today cited a Sterling Heights, Michigan, construction company for alleged
violations of workplace safety and health standards and proposed penalties totaling
$416,000.

Ric-Man Construction Inc., an excavation contractor specializing in pipeline and tunneling
work, was cited for 16 violations, six of which are categorized as willful. Employees were
performing tunneling and deep excavation work installing concrete pipes for a water main
project in Toledo, Ohio.

"Unfortunately, management knowingly and repeatedly exposed workers to potentially
fatal trenching hazards," said Acting OSHA Administrator R. Davis Layne. "At the time of
initial inspection employees were working without protection inside a 22-foot deep trench.
Similarly hazardous working conditions were documented over the course of this
investigation, often within plain view of foremen."

The citations are the result of an OSHA investigation which began February 1, 2001 in
response to a complaint alleging that employees were working in trenches over twenty
feet deep without cave-in protection.

OSHA cited the company for six alleged willful violations, with proposed penalties of
$378,000, including four for failure to protect employees from trench cave-ins. Ten
serious citations, with penalties totaling $38,000, were issued for various violations of
standards including not providing safe access/egress from trenches, improper use of
trench boxes, and neglecting to properly train employees in trenching hazards.

A willful violation is defined as one committed with an intentional disregard of or plain
indifference to the requirements of the Occupational Safety and Health Act and
regulations. A serious violation is one in which there is a substantial probability that death
or serious physical harm could result, and the employer knew or should have known of the
hazard.

Ric-Man Construction, Inc. has 15 working days to contest the citations and proposed
penalties before the independent Occupational Safety and Health Review Commission.

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__________________________________  JUNE 2001

Region 4 News Release: USDOL: 01-103
Date: June 26, 2001
Contact: Roberto Sanchez
PHONE: (615) 781-5423

OSHA PROPOSES $59,000 FINE FOLLOWING ACCIDENT AT CHATTANOOGA, TENN.,
FACILITY


CHATTANOOGA, Tenn. -- The U.S. Department of Labor's Occupational Safety and Health
Administration has cited Bulkmatic Transport Company and proposed penalties totaling
$59,000 following an inspection prompted by an accident at the company's Chattanooga,
Tenn., bulk transfer terminal.

On Jan. 3, a company employee was transferring sulfuric acid from a railroad car into a
tanker truck when the hose connection failed. He was sprayed with the acid, causing
chemical burns over fifty percent of his body.

"This company had been cited before for exposing employees to hazardous chemicals,"
said Roberto Sanchez, Nashville's acting area director for OSHA. "The injured employee
was not outfitted with proper personal protective equipment and the employee
responding to the accident did not receive adequate emergency response training."

The Griffith, Indiana-based company employs 1200 workers nationwide. Four employees
were involved in the terminal operation at the accident site. The company was cited for
two repeat violations with proposed penalties totaling $25,000 for failing to implement a
respiratory protection program, including proper employee medical evaluations, respirator
fit-testing and training.

Nationwide, OSHA has inspected Bulkmatic Transport Company eight times. Two
inspections found respiratory protection violations. A repeat violation occurs when an
employer has been cited previously for a substantially similar condition and the citation
has become a final order of the independent Occupational Safety and Health Review
Commission.

OSHA also issued six serious violations with proposed penalties totaling $33,000 for failing
to:
  • install proper adapters and connections for the material being transferred;
  • fully develop an emergency response plan;
  • provide readily available emergency eye wash and shower facilities;
  • assure that employees wore eye and face protection;
  • provide employee training in the proper use of respirators, and supply NIOSH-certified respirators. 

A serious violation is one in which there is a substantial probability that death or serious
physical harm could result and that the employer knew or should have known of the
hazard. An additional $1,000 penalty was proposed for not properly maintaining an injury
and illness log and for not having an up-to-date copy on site.

Bulkmatic Transport Company has 15 working days to contest the citations and proposed
penalty before the independent Occupational Safety and Health Review Commission.
Inspection of the worksite was conducted by OSHA's area office located at the Green
Hills Office Park, Suite C-205, 2002 Richard Jones Road, Nashville, Tenn. 37215-2869;
phone: (615) 781-5423.


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Region 4 News Release: USDOL: 01-102
Date: June 26, 2001
Contact: Susan Johnston
PHONE: (770)984-8700

OSHA CITES MARIETTA COMPANY FOLLOWING DOUBLE AMPUTATION; PROPOSES
$140,000 PENALTY

ATLANTA -- The U.S. Department of Labor's Occupational Safety and Health
Administration has cited Amrep, Inc. and proposed fines totaling $140,000 following an
inspection at the company's Marietta plant where a Jan. 25 accident cost an employee
both legs.

OSHA's inspection began as a result of a referral from local police responding to the
accident. The injured employee had been using his feet to tamp down cardboard inside a
compactor's receiving chamber while the machine was running. The employee's feet
became caught in the cardboard and he was pinned in the machine. Unable to remove his
legs, both were severed above the knee as the machine's horizontal ram pushed into the
chamber to flatten the cardboard.

The agency fined Amrep $70,000 each for two willful violations related to the accident.
One willful citation was issued for failure to use lockout procedures to render the
compactor inoperable when employees entered the ram chamber to tamp or unjam
cardboard. The second dealt with the absence of machine guarding to protect workers
from amputation hazards while feeding cardboard into the compactor's hopper.

According to Susan Johnston, OSHA's Atlanta-West area director, the agency issues a
willful citation in cases where there appears to be an intentional disregard of, or plain
indifference to, the Occupational Safety and Health Act and regulations.

Johnston explained that the company had a lockout procedure for the compactor but did
not enforce its use even though employees routinely got into the activated compactor to
crush cardboard.

OSHA found that the company also failed to take action to guard against injuries while
feeding cardboard into the compactor's hopper. To allow for ground level operation of the
machine, usually fed from above, the employer modified its hopper by having one of the
sides removed enabling employees to reach into the compactor's chamber.

Although a two-hand control was installed requiring the operator to hold the control
buttons to energize the machine, the protection this provided the operator did not extend
to other employees who could still reach into the compactor while it was running.

"In addition," Johnston explained, "workers bypassed the two-hand control by taping
down the control buttons, allowing them to both feed cardboard into the compactor and
enter the chamber to pack down cardboard without stopping the machine."

The area director added that the employer knew about the practice because "on more
than one occasion, an outside maintenance vendor found the control buttons taped down
and warned the company about the hazard and its potential for OSHA fines."

OSHA has inspected Amrep 14 times since 1982. Prior to this inspection, the most recent
ones in June 1999 and July 1997 involved accidents, one of which resulted in a fatality. In
both cases, OSHA issued willful citations. In the 1999 incident, an employee was severely
burned when a flash fire occurred in a mixing tank. Another flash fire started in 1997 while
employees were using flammable liquid to clean a sticky floor. Two workers were burned,
one of whom died about a month later.

Amrep employs 400 workers, 170 of whom work at the Marietta plant manufacturing
aerosols such as brake cleaner, adhesive glues, and glass and carpet cleaners. The
company has 15 working days to contest OSHA's citations and proposed penalties before
the independent Occupational Safety and Health Review Commission.

Inspections of the Marietta plant were conducted by OSHA's area office located at 2400
Herodian Way, Suite 250, Smyrna, Ga. 30080; telephone: (770) 984-8700.

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Region 4 News Release: USDOL: 01-104
Date: June 26, 2001
Contact: Gail Davis
PHONE: (334) 441-6131 ext.0

OSHA CITES CELL PHONE TOWER CONSTRUCTION COMPANY FOLLOWING ACCIDENT
AT ROBERTSDALE, ALA., SITE; PROPOSES $70,700 PENALTY

ROBERTSDALE, Ala. -- The U.S. Department of Labor's Occupational Safety and Health
Administration today cited Doty Moore Tower Services, Inc., for serious and willful safety
violations and proposed $70,700 in penalties following investigation of an accident at a
Robertsdale, Ala., communication tower construction site.

The accident occurred Jan. 23, as nine company employees were erecting a 1,950-foot
tower. During construction, one employee and a guy wire were being lifted to the tower
at the same time when the guy wire began to swing back and forth. The employee's left
hand was crushed when it was caught between the guy wire and the partially completed
tower.

"Hoisting an employee and a load -in this instance a tower guy wire- at the same time is
a prohibited practice," said Lana Graves, OSHA's Mobile area director. "Tower erection is a
fast-paced industry, but speed must never override safety."

OSHA issued a willful citation with a proposed penalty of $56,000 for allowing an
employee and a guy wire to be hoisted to the tower at the same time and for using a
hoist with a broken anti-two-blocking device - equipment that prevents cables from being
pulled too close to the hoisting block.

"A willful citation was issued, because the employer made the decision to lift the
employee and the guy wire to the tower at the same time," Graves said. "The employer
was aware of lifting hazards and OSHA's requirements, and had recently sent
management personnel to an industry safe practices training course which focused on
these particular hazards. A written company policy prohibited this practice."

The company also received three serious citations with penalties totaling $14,700 for
failing to:
  • conduct pre-lift meetings;
  • test the personnel platform prior to lifting, and post load limits;
  • equip the platform with guard rails and grab rails. 

Texas-based Doty Moore Tower Services Inc., which employs 200 workers nationwide,
has 15 working days from receipt of OSHA's citations to contest them and the proposed
penalties before the independent Occupational Safety and Health Review Commission.

The inspection of the accident site was conducted by OSHA's area office located at 3737
Government Blvd., Suite 100, Mobile, Ala., 36693-4309; phone: (334) 441-6131.


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Region 4 News Release: USDOL: 01-101
Wed., June 20, 2001
Contact: Leslie Grove
Phone: (813) 626-1177

OSHA CITES ORLANDO EXCAVATING COMPANY FOR WILLFUL AND SERIOUS
TRENCHING VIOLATIONS; PROPOSES $80,800 IN PENALTIES

Orlando, Fla. -- The U.S. Department of Labor's Occupational Safety and Health
Administration today cited DeWitt Excavating, Inc., and proposed penalties totaling
$80,800 for willful and serious trenching violations found at an Orlando construction site.

The company received one willful violation with a proposed penalty of $56,000 for failing
to have a competent person on-site to assure that hazards associated with excavation
were recognized and controlled. OSHA defines a willful violation as one committed with an
intentional disregard of, or plain indifference to, the requirements of the OSH Act and
regulations.

"The site supervisor who was specifically trained to recognize and control hazards left the
job without assuring that another similarly qualified person was in charge," Les Grove,
OSHA's Tampa acting area director, said.

During OSHA's April 5 inspection, investigators found DeWitt employees working in a
seven-foot deep and 25-foot long trench without any protection from cave-ins.
Excavated material piled along the edge of the excavation increased the risk that the
unsupported trench walls would collapse. In addition, as workers installed pipes in the
trench, a backhoe bucket passed back and forth over their heads covering the completed
sections with soil.

As a result of the findings, the agency cited DeWitt Excavating for four serious violations
with proposed penalties totaling $22,400 for failing to: 

  • remove workers from the trench before backfilling operation began;
  • provide an employee protection system, such as trench shields or boxes,
  • keep the excavated material at least 2 feet from the edge of the excavation, and
  • have a ladder in the trench as a means of escape for workers.

A serious violation is one in which there is a substantial probability that death or serious
physical harm could result and that the employer knew or should have known of the
hazard.

"The conditions that were found on this worksite were easily preventable," said Grove.
"Inspections by the competent person are essential to assure that proper precautions are
taken to control hazardous conditions as they occur during the excavation process. Such
inspections were not conducted in this case. It is fortunate that no one was seriously
injured before the OSHA inspection began."

The agency is proposing an additional $2,400 penalty for failing to properly maintain an
injury and illness log.

Winter Garden, Fla.-based DeWitt Excavating, Inc., employs approximately 130 workers
and had eight working at this site, the Festival Bay Mall development.

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

The inspection was conducted by OSHA's area office located at 5807 Breckenridge
Parkway, Suite A, Tampa, Fla., 33610; telephone: (813) 626-1177.


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Region 1 News Release: BOS 2001-091
Tuesday, June 19, 2001
Contact: John M. Chavez
Phone: (617) 565-2075

PEABODY, MASS., CONTRACTOR CITED BY OSHA FOR ALLEGED SERIOUS AND
WILLFUL FALL HAZARDS ON STEEL ERECTION PROJECT IN MEDFORD, MASS.


BOSTON - The Occupational Safety and Health Administration of the U.S. Department of
Labor has cited A. P. S. Products, Inc. (formerly Pimental Steel, Inc.) of Peabody, Mass.,
for alleged serious and willful violations of the Occupational Safety and Health Act
following a fatal fall at a construction site in Medford, Mass. The alleged violations carry
proposed penalties totaling $39,200.

The citations result from an investigation by OSHA after a fatal accident on Dec. 21,
2000, at the construction site of a cold storage warehouse at 23 Sycamore Ave. in
Medford. The investigation revealed that an employee of A.P.S., unprotected by any sort
of fall protection equipment, had plunged 40 feet to his death from the top of the steel
frame of the building under construction.

"This worker's death was all the more tragic, because we know from a previous case
involving this company that this employer was well aware of its responsibility to provide
employees with fall protection on this type of project, and had legally committed itself to
do so in order to settle that case. It is because of this knowledge and this commitment
that we are now citing the employer for willful violations," said Richard J. Fazzio, OSHA's
area director for Northeastern Massachusetts.

A willful violation is defined by OSHA as one committed with an intentional disregard of, or
plain indifference to, the requirements of the Occupational Safety and Health Act and
regulations.

The alleged willful violations concern the company's failure to provide effective means of
fall protection, such as safety nets, when employees were exposed to falls of 40 feet
from steel framework and decking, and failure to require employees to use body belts or
body harnesses with safety lanyards when using aerial lifts to enter or leave the steel
structure. OSHA's proposed fine is $28,000 for these violations.

The four alleged serious violations pertain to the employer's failure to properly train
employees in the recognition of fall hazards and the methods to be used to protect them
from such hazards, the improper and unsafe use of ladders on the job site, and the failure
to secure ladders on slippery surfaces. A total of $11,200 in penalties is attached to
these violations.

A serious violation is one in which there is substantial probability that death or serious
physical harm could result, and the employer knew, or should have known, of the hazard.

Fazzio urged employers and employees with questions about safety and health standards
to contact the OSHA area office in Methuen (617-565-8110). OSHA's toll-free nationwide
hotline -- 1-800-321-OSHA may be used to report accidents and fatalities or situations
posing imminent danger to workers, especially outside of normal business hours. Another
source of information is OSHA's Web site: www.osha.gov.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed.

The company has 15 working days from receipt of the citations and proposed penalties to
either elect to comply with them, request and participate in an informal conference with
the OSHA area director, or contest them before the independent Occupational Safety and
Health Review Commission.


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Region 4 News Release: USDOL: 01-95
Fri., June 15, 2001
Contact: Clyde Payne
PHONE: (601) 965-4606

OSHA CITES GULFPORT, MISS., MANUFACTURER FOLLOWING INVESTIGATION OF
FATAL ACCIDENT; PROPOSES $71,500 IN PENALTIES


Gulfport, Miss. -- The U.S. Department of Labor's Occupational Safety and Health
Administration has cited Blacklidge Emulsions, Inc., Gulfport, Miss., and proposed $71,500
in penalties following the investigation of a fatal accident that occurred Jan. 18, when an
employee began cutting a hole in a storage tank.

The fatality occurred when an assistant plant manager attempted to cut a hole with an
acetylene torch in a tank containing asphalt emulsion - an adhesive used in highway
paving -- to visually survey the amount of emulsion remaining in the tank. The assistant
plant manager was helping other employees estimate the remaining contents of the
16-foot high, 10,000 gallon capacity tank when he stepped on a pallet and ordered a
forklift operator to raise him to the top of the tank.

"No safety precautions were taken before the cutting operation began," Clyde Payne,
OSHA's Jackson area director said. "The assistant plant manager's attention was twice
called to a warning sign on the side of the structure which stated the contents were
flammable or combustible. In disregard of safety procedures he lit the acetylene torch
and began cutting, causing an explosion that blew him 93 feet away."

OSHA issued 17 serious citations including failing to:

  • conduct atmospheric testing and assure that storage tanks were free of
    combustible material or vapors before cutting;
  • follow proper purging procedures;
  • properly vent storage tanks;
  • protect employees from fall hazards. 

The company, which employs 35 workers and had six at the accident site, has 15 working
days to contest OSHA's citations and proposed penalties before the independent
Occupational Safety and Health Review Commission.

OSHA's proposed penalties are based on the violation of safety or health standards,
rather than the extent of injuries suffered or loss of life.

Inspection of the Reichhold Road facility was conducted by OSHA's area office located at
3780 I-55 North, Suite 210, Jackson, Miss., 39211; telephone: (601) 965-4606.


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Region 4 News Release: USDOL: 01-94
Thurs., June 14, 2001
Contact: Bill Grimes
PHONE: (770) 493-5405

OSHA CITES NORCROSS, GA., MANUFACTURER FOR SERIOUS 
SAFETY VIOLATIONS AND PROPOSES $61,650 IN PENALTIES

ATLANTA -- The Labor Department's Occupational Safety and Health Administration has
cited Atlanta Cap Manufacturing, Inc., and proposed penalties totaling $61,650 following
the investigation of a fatal accident at its Norcross plant.

The accident occurred on Dec. 28, 2000, when seven employees positioned themselves in
front of a two-fork pallet with a hand-powered jack handle and began moving a 5,500
pound machine. As they guided the equipment down a ramp, the wheels of the pallet
caught on a crack in the concrete floor. The machine shifted and toppled forward off the
pallet. Six employees were able to escape, but the seventh was crushed as the machine
fell.

"If the employees had used a forklift and properly secured the machine, this tragic
accident could have been avoided," said William Grimes, acting area director for OSHA's
Atlanta-East office. "While investigating the circumstances surrounding this incident, the
investigator observed other serious safety violations and was authorized to do a complete
inspection of the baseball cap manufacturing plant," he added.

Along with citing the company for not using appropriate moving equipment and for not
properly securing the load to be moved, OSHA issued an additional 17 serious citations.

Violations included failing to have:
  • equipment properly wired to electrical breakers; 
  • lockout/tagout procedures in place so that individual machines could not be
    re-started while an employee did maintenance or repair work; 
  • an emergency action plan. 

The agency found unguarded machinery, blocked aisle ways, and exit signs placed above
areas where no exit existed. Other exit signs, properly located, were not illuminated,
making it impossible during an emergency for second-shift employees to find their way out
of the building.

OSHA defines a serious violation as one in which there is substantial probability that
death or serious physical harm could result and that the employer knew or should have
known of the hazard.

"A breakdown in communication occurred among managers and employees," Grimes
stated. "Top-level management officials were routinely rotated through this facility every
six months without an exchange of safety needs and requirements. Another factor
contributing to the breakdown was the language barrier. Managers and employees spoke
English, Chinese or Vietnamese, but few were fluent in more than one language, making it
difficult to communicate safe work practices." 

The Taiwan-based company, which employs approximately 100 workers at the Norcross
plant and 600 internationally, has 15 working days to contest OSHA's citations and
proposed penalties before the independent Occupational Safety and Health Review
Commission.

OSHA's proposed penalties are based on the violation of safety or health standards,
rather than the extent of injuries suffered or loss of life.

Inspection of the Norcross plant was conducted by the OSHA office located at LaVista
Perimeter Office Park, Bldg. 7, Ste 110, Tucker, Ga., 30084-4154; phone: (770)
493-6644.


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Region 3 News Release: III-01-08-050-NEP
Fri., June 8, 2001
Contact: Kate Dugan
OFFICE: (215) 861-5101
After Hours: (610) 522-9484

OSHA ISSUES SAFETY AND HEALTH CITATIONS TO MIFFLINBURG, PA COMPANY
AFTER WORKER FATALITY


WILKES-BARRE, Pa.-The U.S. Department of Labor's Occupational Safety and Health
Administration has issued citations to Ritz-Craft Corporation of Pennsylvania, Inc.,
Mifflinburg, Pa., for alleged violations of safety and health standards, and proposed
$64,500 in penalties. The inspection was initiated on Dec. 6, 2000 when an employee died
after the fork lift he was operating tipped over. The company manufactures modular
homes.

According to Andrew Hedesh, area director of the Wilkes-Barre OSHA office, five repeat
violations, with a proposed penalty of $45,000, were issued along with six serious
violations, which carry a penalty of $19,500.

"The serious violations include the lack of a restraint system or seat belt on the fork lift,"
said Hedesh. "The operator's death may have been prevented if a system had been
installed."

The other serious violations issued include: a forklift operator trainee assigned to operate
a forklift without supervision; employees required to work under suspended floor sections;
restricted egress; and improper storage of compressed gas tanks.

The repeat violations were issued for unguarded machinery; lack of guardrails on catwalks
and platforms; failure to develop and utilize lockout procedures for control of hazardous
energy; lack of periodic inspections to assure that lockout/tagout procedures are being
performed.

Serious violations involve a substantial probability that death or serious physical harm
could result and the employer knew or should have known of the hazard. Repeat
violations occur when an employer has been cited previously for a substantially similar
condition and the citations have become final order of the Occupational Safety and
Health Review Commission.

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

The inspection was conducted by the Wilkes-Barre OSHA office, The Stegmaier Bldg.,
Suite 410, 7 North Wilkes-Barre Blvd., Wilkes-Barre, Pa. 18702, telephone (570)
826-6538.

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Region 1 News Release: BOS 2001-077
Monday, June 4, 2001
Contact: Ted Fitzgerald
Phone: (617) 565-2074

$360,000 in fines proposed against Weeks Marine, Inc.
OSHA CITES NEW JERSEY-BASED MARINE CONTRACTOR FOR SAFETY VIOLATIONS
AFTER FATAL CRANE PLUNGE INTO KENNEBEC RIVER


BOSTON -- The U.S. Labor Department's Occupational Safety and Health Administration
has cited Weeks Marine, Inc. for willful, repeat and serious violations of the Occupational
Safety and Health Act following a fatal accident in which a crane slid off a barge into
Maine's Kennebec River. A total of $360,000 in fines is proposed against the Cranford, New
Jersey-based marine construction contractor.

Weeks Marine, Inc. had been contracted to dredge part of the Kennebec River at Bath
Iron Works in Bath, Maine. The dredging was performed by a mobile crane situated on a
barge. Two employees were working in the crane when it went into the river on December
21, 2000.One worker was rescued, the second worker has not been found and is
presumed dead.

"OSHA's inspection found that the crane had not been secured to the barge, as required
by OSHA standards," said C. William Freeman III, OSHA area director for Maine. "In
addition, the company failed to ensure that the crane was operating safely within its
manufacturer's specifications and limitations, failed to repair or replace a malfunctioning
swing gear, and failed to have a lifesaving skiff available for immediate use in the event
workers went into the river.

"These conditions existed from the onset of the job, almost three weeks before the
accident, and the company's onsite supervisors knew and did nothing to correct these
hazards," he said. "As a result, these violations have been classified as willful, the most
severe category of OSHA violation, and the maximum allowed fine -- $70,000 -- is being
proposed for each of these four violations."

The repeat violation concerned failure to provide workers with a ramp or other safe means
of accessing and crossing to and from the barge, the wharf, the float and a towboat.
OSHA had twice cited Weeks Marine in 1998 for similar violations at two New York
worksites. A $70,000 fine is proposed for this citation.

The serious violations were for failure to keep decks and other working surfaces of the
barge clear of ice and snow, and for not removing a defective ladder from service.
$10,000 in fines are proposed for these items.

"Securing a mobile crane to a barge is a basic, well-known safeguard that must be utilized
on each and every job where it's required," said Freeman. "If the company had provided
and ensured this vital and necessary protection, this accident could have been avoided.
No job, no deadline, no excuse, is worth the loss of a human life."

Freeman urged Maine employers and employees with questions regarding workplace safety
and health standards to contact the OSHA offices in Bangor (207-941-8177) or Portland
(207-780-3178).

He added that OSHA's toll-free, nationwide hotline -- 1-800-321-OSHA (1-800-321-6742)
-- may be used to report workplace accidents or fatalities or situations posing imminent
danger to workers, especially if they occur outside of normal business hours. Another
source of information on OSHA safety and health standards is the agency's website:
www.osha.gov.

A willful violation is defined by OSHA as one committed with an intentional disregard of, or
plain indifference to, the requirements of the Occupational Safety and Health Act and
regulations.

A serious violation is defined as one in which there is a substantial probability that death
or serious physical harm could result, and the employer knew, or should have known, of
the hazard.

A repeat violation is issued by OSHA when an employer has been previously cited for a
substantially similar hazards and that citation and its penalties have become final.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed.

[NOTE: An item-by-item breakdown of the citation and fines is attached.]

 

FACT SHEET                       WEEKS MARINE INC           BATH, MAINE JOBSITE

Four willful violations, with $280,000 in fines, for: 
  • failure to positively secure the crane to the barge, thus allowing it to slide off the barge into the river;
  • failure to ensure, prior to commencing dredging operations, that the crane was operating
    safely within manufacturer's specifications and limitations regarding the crane's dredging
    capacity, the proper length of its boom, the proper amount of counterweight and the barge's
    allowable list;
  • failure to repair or replace defective swing gear before its continued use;
  • failure to have a lifesaving skiff immediately available for employees working on the barge.

One repeat violation, with a fine of $70,000, for:

  • failure to provide a ramp or other safe means for employees when crossing from the wharf,
    barge, float or towboat.   [OSHA had twice cited Weeks Marine, Inc., in 1998, for substantially similar violations following inspections at jobsites in Islip and Long Island City, New York.]

Two serious violations, with $10,000 in fines, for:

  • ice and snow were allowed to accumulate on the barge, contributing to the crane's slide off
    the barge;
  • a portable ladder with broken rungs was not removed or tagged "Do Not Use".

TOTAL FINES:      $360,000



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Region 4 News Release: USDOL: 01-88
Friday, June 01, 2001
Contact: Jim Rowe
Phone: (904) 232-2895 x/0

OSHA FINES TARPON SPRINGS CONTRACTOR $79,500 FOLLOWING INSPECTION OF
JACKSONVILLE BRIDGE PROJECT


ATLANTA -- The U.S. Labor Department's Occupational Safety and Health Administration
today cited Tarpon Springs, Fla.-based Damalos & Sons, Inc., and proposed penalties
totaling $79,500 for safety and health violations found during an inspection of a
Jacksonville bridge re-painting project.

The company was cited for two repeat violations with proposed penalties totaling
$60,000 for failing to properly monitor employees with elevated blood-lead levels and for
failing to give employees written blood test results.

"Our inspectors found that workers on this paint removal and re-paint job were exposed
to dust with more than 50 times the permissible level of lead," said James D. Borders,
OSHA's Jacksonville area director.

Borders explained that, over time, lead can accumulate in a worker's body and cause
irreversible damage to their brain, central nervous system and other parts of the body.
Even a short-term dose of lead exposure can adversely affect the brain. "That's why one
of OSHA's national goals is to reduce employee exposure to lead," Borders said. 

"In Florida we also have a local emphasis program to reduce fall hazards because too
many workers are killed or injured due to falls at construction sites." The two areas of
emphasis, according to the Jacksonville area director, may explain why an OSHA inspector
driving by the site noticed some unsafe practices that exposed workers to fall hazards
and possible lead exposures. "Our inspection began as a result of the inspector's referral,"
added Borders.

In addition to the repeat citations, the agency issued five serious citations with proposed
penalties totaling $19,500 for failing to:
  • conduct quarterly air monitoring to determine employees' level of exposure to lead;
  • provide medical surveillance to employees when lead exposures reached a certain level;
  • provide employees with clean personal protective equipment daily when lead exposures exceeded permissible levels;
  • assure that employees wore proper fall protection when working from aerial lifts, and
  • provide proper guardrail systems.

A repeat violation occurs when an employer has been cited previously for a substantially
similar condition and the citation has become a final order of the independent
Occupational Safety and Health Review Commission.

A serious violation is one in which there is a substantial probability that death or serious
physical harm could result and the employer knew or should have known of the hazard.

Damalos & Sons, Inc., has 15 working days to contest OSHA's citations and proposed
penalties before the Occupational Safety and Health Review Commission. The company,
which employs approximately 40 workers, had eight workers at the bridge site.

This inspection was conducted by OSHA's Jacksonville area office located at 1851
Executive Center Drive, Suite 227, Jacksonville, FL 32207; telephone (904)232-2895.


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__________________________________  MAY 2001

.

Region 6 News Release: USDL-OSHA-01-54-5-30
Wed., May 30, 2001
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

OSHA CITES BERRY CONTRACTING LP DBA BAY LTD. IN CORPUS CHRISTI, TEXAS,
FOR SIX ALLEGED SAFETY VIOLATIONS AND PROPOSES $94,500 IN PENALTIES


DALLAS - The Occupational Safety and Health Administration has cited Berry Contracting
LP doing business as Bay Ltd. in Corpus Christi, Texas, with six alleged safety violations
and proposed penalties totaling $94,500.

Berry Contracting is a maintenance contractor that performs repairs and upgrades to a
chemical process system and has 175 workers on site at the Valero Oil Refinery in Corpus
Christi and employs 2,600 workers nationwide.

The alleged safety violations were discovered during an OSHA inspection that began Nov.
29, 2000 when two employees working at the Valero Refining Co. in Corpus Christi were
exposed to hydrogen sulfide (H2S). One of the employees died a few days after the
exposure. The company was cited for one willful and five serious violations. (Valero
Refining Co. was cited for nine alleged safety violations with penalties totaling $138,000.)

The one willful violation was for failing to provide personal detection/monitoring equipment
for employees working with a possible H2S exposure. H2S paralyzes a person's ability to
breath and depending on the amount of exposure, a person can be instantly asphyxiated.
A willful violation is defined as one that is committed with an intentional disregard of, or
plain indifference to, the requirements of the Occupational Safety and Health Act and
regulations.

The five serious violations include exceeding maximum peak concentrations and not
providing respirator protection for H2S exposures, and deficiencies in the lockout/tagout
program. Lockout/tagout refers to labeling and shutting down an energy source in an
appropriate manner. A serious violation is defined as one in which there is a substantial
probability that death or serious physical harm could result and the employer knew or
should have known of the hazard.

Employers or workers who have questions concerning safety and health may contact the
OSHA Corpus Christi area office at (361) 888-3420. Or, call OSHA's toll-free hotline
number at 1-800-321-6742 to report workplace accidents, fatalities or situations posing
imminent danger to workers.

Berry Contracting has 15 working days from receipt of the citations to either comply,
request an informal conference with the Corpus Christi OSHA area director, or contest the
citations and penalties before the independent Occupational Safety and Health Review
Commission.

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Region 4 News Release: USDOL: 01-82
Thurs., May 24, 2001
Contact: Luis Santiago
PHONE: (954) 424-0242

OSHA FINES MEDLEY, FLA., FIRM $92,650 FOLLOWING FATAL ACCIDENT


ATLANTA -- The U.S. Labor Department's Occupational Safety and Health Administration
has cited Trusscorp International Inc. and proposed penalties totaling $92,650 following a
fatal accident at the company's Medley, Fla., plant.

OSHA inspectors found evidence that the November fatality occurred when an employee
checking oil in a lift truck started the engine while standing outside the vehicle. The
worker died of injuries sustained when the forklift rolled over him crushing his lower torso.

OSHA cited one willful violation for failure to train employees about safe operation of
forklifts. Two additional hazards were cited as serious -- not withdrawing a defective
forklift from service and failing to examine the trucks before putting them in service.

Luis Santiago, OSHA's Ft. Lauderdale area director, said, "Although there were no
witnesses to the accident, the evidence indicated that the forklift's parking brake was
faulty and the gear appeared to be in reverse before the engine was started."

A comprehensive inspection that grew out of the initial response to the accident revealed
13 additional serious violations. These included machine guarding violations, electrical
hazards, and lack of personal protective equipment and eye protection.

"If the employer in this case had inspected forklifts and removed damaged or faulty
equipment from service, this tragic accident could have been avoided," said Santiago.
"OSHA cites a willful violation, as in this case, when an employer exhibits intentional
disregard of, or plain indifference to, the requirements of the Occupational Safety and
Health Act and regulations."

The area director explained that a serious violation is one in which there is a substantial
probability that death or serious physical harm could result and that the employer knew or
should have known of the hazard.

Trusscorp International employs 30 workers at the Medley facility to manufacture roof
trusses. The company has 15 working days to contest OSHA's citations and proposed
penalties before the independent Occupational Safety and Health Review Commission.

Inspections of the Trusscorp plant were conducted by OSHA's area office located at
Jacaranda Executive Court, 8040 Peters Rd., Building H-100, Ft. Lauderdale, Fla. 33324;
telephone: (954) 424-0242.

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Granite State employers reminded of "all too common" hazard
OSHA CITES THREE CONTRACTORS FOR INADEQUATE CAVE-IN PROTECTION FOR
WORKERS AT JOBSITES IN MANCHESTER, PORTSMOUTH AND EXETER, NEW
HAMPSHIRE; NEARLY $66,000 IN FINES PROPOSED


BOSTON -- The U.S. Labor Department's Occupational Safety and Health Administration
(OSHA) has cited three contractors from Maine and New Hampshire for alleged willful
violations of the Occupational Safety and Health Act for failing to provide adequate
cave-in protection for employees working in excavations at jobsites in Portsmouth,
Manchester and Exeter, NH. Combined penalties totaling $65,900 have been proposed
against the three employers.

Cited were:
  • S.E. MacMillan Co., Inc., of Bangor, Maine, for employees working in an
    inadequately guarded trench at a water line installation site on Constitution Avenue
    in Portsmouth, NH.
  • R.D. Edmunds & Sons, Inc., of Franklin, NH, for employees working in an
    inadequately guarded trench at a water line installation site on Electric Street in
    Manchester, NH.
  • Perm A Drive Paving Co., of Conway, NH, for employees working in an inadequately
    guarded trench at a sewer repair site on Portsmouth Avenue in Exeter, NH.
    (An item-by-item breakdown of citations and fines for each employer is attached).

"These citations reflect an all too common construction safety hazard," said David May,
OSHA area director for New Hampshire, who noted that 36 American workers died in
excavation collapses in 1998. "Particularly disturbing is that, in all three cases, these
employers knew cave-in protection was required for their employees, yet did not provide
adequate safeguards for them."

May reminded Granite State employers that excavation safety has long been a special
emphasis for OSHA, with the agency often conducting spot inspections:

"Employers should not assume that OSHA won't inspect their jobsite, no matter where it's
located," he said. "If OSHA inspectors encounter a excavation during their normal
business travels, they will stop and examine it. If hazards, such as a lack of collapse
protection, are observed, an inspection will be opened on the spot and violations will
result in appropriate citations and fines. The simple fact is that no job, no deadline, is an
excuse for failing to implement this standard, commonsense safeguard for workers."

OSHA standards require that excavations five feet or deeper must be protected against a
collapse of their sidewalls. Collapse protection may be supplied by shoring the sidewalls,
sloping the soil at a shallow angle or by proper use of a protective trench box. Detailed
information on identifying, evaluating and addressing excavation safety hazards is
available through OSHA's website. Go to www.osha.gov, click on "Technical Links", then
click on "Trenching and excavations".

Other sources of information may include the State of New Hampshire's free safety
consultation program for smaller employers, professional associations and employers'
insurance carriers.

May urged Granite State employers and employees with questions regarding excavation
and other workplace safety and health issues contact the OSHA area office in Concord at
603-225-1629 and added that OSHA's toll-free, nationwide hotline -- 1-800-321-OSHA
(1-800-321-6742) -- may be used to report workplace accidents or fatalities or situations
posing imminent danger to workers, especially if they occur outside of normal business
hours.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed.

Each company has 15 working days from receipt of its citations and proposed penalties to
either elect to comply with them, to request and participate in an informal conference
with the OSHA area director, or to contest them before the independent Occupational
Safety and Health Review Commission.


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Region 1 News Release: BOS 2001-062
Monday, May 21, 2001
Contact: Ted Fitzgerald
Phone: (617) 565-2074

Maximum fines of $77,000 proposed against Green Mountain Steel Erectors
OSHA CITES BENNINGTON, VERMONT, CONTRACTOR FOR ALLEGED WILLFUL AND
SERIOUS VIOLATIONS AT DEVENS, MASS., JOBSITE


BOSTON -- The U.S. Labor Department's Occupational Safety and Health Administration
has cited Green Mountain Steel Erectors, Inc., a Bennington, Vermont, steel erection
contractor, for alleged willful and serious violations of the Occupational Safety and Health
Act at a Devens, Mass., jobsite.

OSHA has proposed $77,000 in fines -- the maximum penalty allowed -- against the firm
for lack of fall protection for employees working in aerial lifts more than 25 feet above the
ground.

The inspection was initiated when an OSHA inspector driving by a construction site at
Jackson and Givray Street in Devens observed employees working in aerial lifts without
proper fall protection and opened an inspection on the spot, said Richard Fazzio, OSHA
area director for Northeastern Massachusetts.

"The inspection found employees, including supervisors, working without fall protection in
three aerial lifts at heights in excess of 25 feet above the ground," said Fazzio. "In each
case, employees had required body harnesses and safety lanyards available but either
were not using them or were using them improperly. In addition, one employee was
observed standing on the middle rail of a lift basket during steel erection procedures, in
plain view of a foreman. These conditions exposed workers to potentially fatal falls."

Fazzio explained that falls are a leading cause of worker deaths in construction and that
about 253 American workers died in construction related falls in 1999, according to the
Bureau of Labor Statistics.

"The best safety equipment in the world won't protect workers if it isn't used, and used
properly," said Fazzio. "Even though this employer knew that OSHA standards require that
employees working in aerial lifts have body belts and lanyards that are attached to the
boom or basket and that employees do not stand on or work from the basket's siderails,
these simple, clear, commonsense safeguards were disregarded."

Fazzio urged employers and employees in Northeastern Massachusetts with questions
regarding workplace safety and health standards to contact the OSHA area office in
Methuen at 617-565-8110. He said OSHA's toll-free, nationwide hotline --
1-800-321-OSHA (1-800-321-6742) -- may be used to report workplace accidents or
fatalities or situations posing imminent danger to workers, especially if they occur outside
of normal business hours.

Detailed information on construction safety, including fall protection, is available on the
Internet through OSHA's website: www.osha.gov.

A willful violation is defined by OSHA as one committed with an intentional disregard of, or
plain indifference to, the requirements of the Occupational Safety and Health Act and
regulations. The maximum fine that can be proposed for a willful violation is $70,000.

A serious violation is defined as one in which there is a substantial probability that death
or serious physical harm could result, and the employer knew, or should have known, of
the hazard. The maximum fine that can be proposed for a serious violation is $7,000.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed.

The company has 15 working days from receipt of the citations and proposed penalties to
either elect to comply with them, to request and participate in an informal conference
with the OSHA area director, or to contest them before the independent Occupational
Safety and Health Review Commission.

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Region 2 News Release: NY 139
May 17, 2001
Contact: Chester J. Fultz
PHONE: 212-337-2319

WORKERS IN NEW YORK AND NEW JERSEY, ILLEGALLY DISCIPLINED FOR FILING
SAFETY COMPLAINTS, AIDED BY OSHA

NEW YORK -- Twenty-two workers in New York and New Jersey who reported workplace
hazards and were discharged or otherwise penalized as a result reached settlements with
their employers in fiscal year 2000 (Sept. 30, 1999 to Oct. 1, 2000), according to a
report issued today by the U. S. Labor Department of Labor.

Under the terms of settlement agreements reached between employers and the Labor
Department's Occupational Safety and Health Administration the 22 workers received a
total of $124,699 in back wages. Other remedies included reinstatement, informal
negotiated settlements between the complainants and their employers, and the
requirement that employers display posters on the rights of employees.

The companies were cited for violating OSHA regulations that prohibit discharging or
otherwise discriminating against any employee because he or she has filed a complaint or
reported unsafe working conditions. The damage amounts represent wages lost from the
date of discharge until the date of settlement.

According to Patricia K. Clark, OSHA regional administrator, OSHA's emphasis was on
timely help for the employee. "The great majority of these cases were resolved quickly --
many in less than a month. The intent of OSHA's whistleblower regulations is that workers
must not be penalized for doing the right thing and speaking out about workplace safety
hazards."

Workers who have been discriminated against for exercising their right to report unsafe
conditions or other protections provided by the Occupational Safety and Health Act must
contact an OSHA office within 30 days of the time they learn of an alleged discriminatory
action taken against them. Truckers, mechanics, and others involved in interstate
trucking have 180 days under provisions of the Surface Transportation Assistance Act.

If the complaint is timely and appears to have merit, OSHA investigates it, ordering
reinstatement or other remedies if an investigation confirms the allegations. Under the
Surface Transportation Assistance Act, either party can file an objection to OSHA's
findings. The matter is then decided by an administrative law judge; a final order is issued
by the Secretary of Labor.

CLICK HERE for a summary of settlements reached in fiscal year 2000.

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Region 6 News Release: USDL-OSHA-01-48-05-15
Tues., May 15, 2001
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

OSHA CITES AMTOPP CORP. IN LOLITA, TEXAS, FOR 
ALLEGED SAFETY VIOLATIONS; PROPOSES $140,000 IN PENALTIES


DALLAS - The Corpus Christi area office of the Occupational Safety and Health
Administration has cited Amtopp Corp., in Lolita, Texas, with two alleged safety violations
and proposed penalties totaling $140,000, the U.S. Department of Labor announced.

Amtopp Corp. manufactures plastic film and employs about 400 workers.

OSHA discovered the alleged violations during an inspection that began Nov. 30, 2000,
after receiving a formal complaint.

The company was cited with one willful and one repeat violation. The one willful violation
was for failing to provide a standard railing on open-sided floors exposing employees to a
fall hazard. In addition, the investigation found that the access platform to the inspection
station had been altered by the employer and guardrails were not provided on all open
sides. A willful violation is defined as one that is committed with an intentional disregard
of, or plain indifference to, the requirements of the Occupational Safety & Health Act and
regulations.

The repeat violation was for not providing machine guarding to protect operator and
other employees from hazards created by the rotating parts, pinch points and points of
operation. A repeat violation is defined as a violation of any standard, regulation, rule or
order where, upon reinspection, a substantially similar violation is found. 

Employers or workers who have questions concerning safety and health may contact the
OSHA Corpus Christi area office at (361) 888-3420. Or, call OSHA's toll free hotline
number at 1-800-321-6742 to report workplace accidents, fatalities or situations posing
imminent danger to workers. 

Amtopp has 15 working days from receipt of the citations to comply, request an informal
conference with the Corpus Christi OSHA area director, or contest the citations and
proposed penalties before the independent Occupational Safety and Health Review
Commission.

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Region 1 News Release: BOS 2001-059
Tuesday, May 15, 2001
Contact: Ted Fitzgerald
Phone: (617) 565-2074

Over $62,000 in Fines Proposed against Access TCA, Inc.
OSHA CITES WHITINSVILLE, MASS., MANUFACTURER FOR ALLEGED WILLFUL,
REPEAT AND SERIOUS SAFETY VIOLATIONS FOLLOWING WORKER INJURY


BOSTON - The U.S. Labor Department's Occupational Safety and Health Administration
(OSHA) has cited Access TCA, Inc., a Whitinsville, Mass., manufacturer of trade show
exhibits, for alleged willful, repeat and serious violations of the Occupational Safety and
Health Act following an April 11 accident in which an employee suffered severe hand
injuries while operating an unguarded table saw. OSHA has proposed penalties totaling
$62,060 against the employer.

"OSHA's inspection found that the required guard hood that protects operators from the
saw's points of operation was not installed at the time of the accident, thus exposing the
injured worker and any other operator to the dangers of lacerations and amputation," said
Ronald E. Morin, OSHA area director for central and western Massachusetts, who noted
that the inspection also found a second unguarded table saw in another section of the
plant.

In addition, Morin noted, the inspection also identified several other hazards involving
respirators, ventilation, hazardous energy control, hazard communication and electrical
equipment. Access TCA, Inc. had been cited by OSHA in March 2000 for substantially
similar hazards at its Duluth, Georgia, plant.

"Left uncorrected, these various hazards exposed workers at this plant to the dangers of
the unexpected startup of machinery, inadequate ventilation, inadequate respirator
selection and exposure to flammable vapors, combustible residue, thinner, laquer, plastic
and wood dusts, paints, fast drying cement and carbon monoxide," said Morin (A
breakdown of the citations and proposed penalties is attached).

Morin urged central and western Massachusetts employers and employees with questions
regarding workplace safety and health standards to contact the OSHA area office in
Springfield at 413-785-0123 and added that OSHA's toll-free, nationwide hotline --
1-800-321-OSHA (1-800-321-6742) -- may be used to report workplace accidents or
fatalities or situations posing imminent danger to workers, especially if they occur outside
of normal business hours. He also noted that detailed information about OSHA standards
and safe work practices are available via the Internet through OSHA's website:
www.osha.gov.

A willful violation is defined by OSHA as one committed with an intentional disregard of, or
plain indifference to, the requirements of the Occupational Safety and Health Act and
regulations. A repeat citation is issued when OSHA has previously cited an employer for a
substantially similar violation and that citation has become final.

A serious violation is defined as one in which there is a substantial probability that death
or serious physical harm could result, and the employer knew, or should have known, of
the hazard. An other-than-serious violation is a condition which would probably not cause
death or serious physical harm but would have a direct and immediate relationship to the
safety and health of employees.

OSHA is empowered by the Occupational Safety and Health Act of 1970 to issue
standards and rules requiring employers to provide their employees with safe and healthful
workplaces and jobsites, and to assure through workplace inspections that those
standards are followed.

The company has 15 working days from receipt of the citations and proposed penalties to
either elect to comply with them, to request and participate in an informal conference
with the OSHA area director, or to contest them before the independent Occupational
Safety and Health Review Commission.

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Region 6 News Release: USDL-OSHA-01-49-05-15
Tues., May 15, 2001
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

OSHA CITES MARTIN RESOURCES, INC. IN PLAINVIEW, TEXAS, FOR ALLEGED
SAFETY VIOLATIONS AND PROPOSES $110,488 IN PENALTIES


DALLAS-The Lubbock area office of the Occupational Safety and Health Administration
has cited Martin Resources, Inc., in Plainview, Texas, with 34 alleged safety violations
and proposed penalties totaling $110,488.

Martin Resources, Inc., produces ammonia sulfate and homogeneous fertilizer at the
company's Plainview plant that employs about 38 workers. The parent company, Martin
Resources Management in Kilgore, Texas, employs about 600 workers 

The alleged safety violations were discovered during an OSHA inspection that began Nov.
30, 2000. The company was cited for 32 serious and two other-than-serious violations. 

Some of the 32 serious citations include failing to establish an audible employee alarm
system, failing to label piping to show contents and flow direction, failing to provide
refresher training every three years, lack of verification that employees had received and
understood training, failing to implement the written procedure for mechanical integrity of
process equipment and failing to correct/replace deficient process equipment like pressure
and temperature gauges. 

A serious violation is defined as one in which there is a substantial probability that death
or serious physical harm could result and the employer knew or should have known of the
hazard.

The two other-than-serious violations were for improper respirator storage and
inadequate protection of a spliced flexible cord. An other-than-serious violation is a
hazardous condition that would probably not cause death or serious physical harm, but
would have a direct and immediate relationship to the safety and or health of the
employees. 

Employers or workers who have questions concerning safety and health may contact the
OSHA Lubbock area office at (806) 472-7681. Or, call OSHA's toll free hotline number at
1-800-321-6742 to report workplace accidents, fatalities or situations posing imminent
danger to workers. 

Martin Resources has 15 working days from receipt of the citations to either comply,
request an informal conference with the Lubbock OSHA area director, or contest the
citations and penalties before the independent Occupational Safety and Health Review
Commission.

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Region 2 News Release: NY 138
May 10, 2001
Contact: Chester J. Fultz
Phone: 212-337-2319

ALDEN, NEW YORK, NUTRITIONAL SUPPLEMENT MAKER CITED BY OSHA FOR FAILING
TO ABATE ALLEGED SAFETY AND HEALTH HAZARDS; $146,000 IN PENALTIES
PROPOSED


NEW YORK - The U.S. Labor Department's Occupational Safety and Health Administration
has cited Federal Laboratories Corporation, of 1135 Walden Avenue, Alden, New York, and
proposed penalties of $146,000 against the firm for ten alleged failures to abate
previously cited violations plus five new alleged serious violations of OSHA standards. The
company has until May 29 to contest the citations.

The action results from a follow-up investigation initiated November 8 because OSHA
never received any response to citations issued to the firm in June, 2000, according to
OSHA area director David Boyce. The company produces powdered shark cartilage,
caffeine, and other powdered nutrients and employs 12 workers.

OSHA issued the following failure-to-abate notices:
  • failure to provide standard guardrails on all open sides of a work platform; 
  • failure to establish and maintain a respiratory protection program for employees
    exposed to dust in excess of the permissible exposure limit; 
  • failure to provide medical evaluations to employees required to wear respirators; 
    failure to provide fit-testing or effective training to employees required to wear
    respirators; 
  • failure to establish a lockout/tagout program to prevent the accidental startup of
    machines during servicing or repair; 
  • failure to provide training to employees required to use portable fire extinguishers; 
  • failure to provide training to employees who operate powered industrial trucks; 
  • failure to develop a hazard communication program; 
  • failure to provide information and training on the hazardous chemicals in their work
    areas.

A failure to abate is a notice of additional penalty issued against an employer who has
failed to correct a violation that has become a final order of the Occupational Safety and
Health Review Commission. The total proposed penalty for the alleged failures to abate is
$141,000.

The alleged serious violations for which the employer was cited included:

  • failure to keep fire exits free of obstructions; 
  • failure to select and require the use of appropriate hand protection when
    employees' hands were exposed to thermal burns; 
  • failure to mount, locate, and identify portable fire extinguishers; 
  • failure to properly secure the propane tank to a forklift truck, and ensure that the
    forklift truck had a locating pin to properly position the propane tank on the vehicle.

A serious violation is defined as a condition which exists where there is a substantial
possibility that death or serious phy