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| OSHA CITATIONS 2001 | CLICK
HERE for Regions Map and Offices Note: Texas is in Region 6 . |
| 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. | |
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| 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:
OSHA also cited two contractors working on-site during the plant inspection and fined |
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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:
"OSHA encourages companies to be proactive in their approach to safety and health. |
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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 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:
The agency found unguarded machinery, blocked aisle ways, and exit signs placed above |
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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
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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:
"These citations reflect an all too common construction safety hazard," said David May, |
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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:
A failure to abate is a notice of additional penalty issued against an employer who has
A serious violation is defined as a condition which exists where there is a substantial |
