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DuraLabel's Weekly Safety News

Blog Author Angelique Sanders

Weekly safety news. Stay in touch with regulations from OSHA, NFPA, and other safety codes. Find out about other companies' best and worst practices. We scour the internet to provide you with helpful training resources and the latest safety information.


Monday, August 13, 2012

Summary Of Major OSHA Citations - Merrimack Premium Outlets Contractors

A summary of major OSHA citations announced during the week ending August 11th.

The following is based on press releases from OSHA.



OSHA has cited 10 contractors from six states at a New Hampshire mall ($173,500)
OSHA cites Adams Thermal Systems in SD with 51 violations ($225,000)
 
OSHA cites US Cotton in Cleveland for exposing workers to amputation hazards ($133,100)
Heritage-WTI cited for deficiencies in process safety management program ($126,000)
OSHA cites New Hampshire foundry for willfully exposing workers to lead hazards ($186,000)


OSHA has cited the general contractor for the construction of the Merrimack Premium Outlets shopping mall in Merrimack, NH and nine subcontractors for alleged violations of workplace safety standards. The contractors face a total of $173,500 in proposed fines following a programmed inspection by OSHA's Concord Area Office that was initiated in January.

General contractor Hardin Construction of Atlanta, Ga., has been issued citations with $27,000 in fines for five serious violations involving:
  • Employees exposed to falls of up to 20 feet
  • An ungrounded power generator
  • Unsecured and unmarked hole covers on the roof
  • A failure to supply fire extinguishers throughout the job site
  • A lack of inspections by competent individuals with the knowledge to identify and authority to correct hazards
Roofing subcontractor P and A Roofing and Sheet Metal Inc. of Orlando, Fla., has been issued citations with $48,510 in fines for one willful and two serious violations involving:
  • Employees exposed to falls of up to 20 feet
  • A lack of fall protection training
  • Failure to regularly dispose of flammable substances
Steel framing contractor F.L. Crane and Sons Inc. of Hutto, Texas, has been issued citations with $59,500 in fines for one repeat and two serious violations involving:
  • Employees exposed to falls of up to 32 feet from scaffolds
  • Employees exposed to falls of 11 and 20 feet from other surfaces
  • Insufficient machine guarding
Also cited were:
  • Palace Construction Inc. of Litchfield, NH, which performed siding and trim work (citations for two serious violations related to fall and ladder hazards - $7,000)
  • MasRam Mechanical LP of Houston, TX, which set HVAC units (citations for two serious violations related to fall hazards - $7,000)
  •  Universal Timber Structures of Auburndale, FL, a carpentry subcontractor (a citation for one serious violation involving the unauthorized modification of a truck used to lift employees - $3,850)
  • Four Star Drywall LLC of Manchester, NH, a drywall contractor (citations for two serious violations related to electrical and scaffold hazards - $5,940)
  •  Professional Electrical Contractors of CT Inc. of Norwood, MA, an electrical subcontractor  (a citation for one serious violation involving an ungrounded power generator - $4,500)
  • Paul Modzeleski doing business as Sentry Roofing of Dunbarton, NH, a roofing subcontractor (citations for two serious violations involving damaged safety lanyards and a lack of fall protection training - $6,000)
  • Glazing contractor J.M.D. Architectural Products Inc. of Tipp City, OH (citations for two serious violations involving misused electrical equipment and unlabeled chemical containers - $4,200)
The full citations can be viewed at http://www.osha.gov/ooc/citations/Merrimack-Outlets-0711-2012.pdf. Each employer in this case has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.


OSHA has cited Adams Thermal Systems Inc. in Canton with 51 safety and health violations following a February inspection prompted by a complaint alleging multiple concerns at the coolant core manufacturing facility. Proposed penalties total $225,000.

A total of 44 serious safety violations cited include:
  • Failing to provide proper housekeeping, mark emergency exits and keep pathways free and unobstructed
  • Failing to ensure that lockout devices prevented unintended equipment startup
  • Not providing fall protection on open-sided platforms, machine guard pulleys, belts and saws
  • Failing to conduct and document forklift and crane inspections
  • Not removing defective rigging equipment from services
  • Failure to properly store gas cylinders
  • Failure to provide safety training and label hazardous gas piping
One serious health violation cited is for failing to use personal protective equipment identified on a hazard assessment and ensure that the equipment fits affected workers. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard an employer knew or should have known exists.

Three other-than-serious safety violations cited involve the labeling of overhead storage areas, confined space evaluation and sprinkler head clearance distance.

Prior to this inspection, Adams Thermal Systems had been inspected by OSHA five times since 2004, including a fatality investigation opened in November 2011 during which citations were issued for lockout of machine energy sources and machine guarding violations. That case is currently being contested by the employer.

Due to the previous fatality and nature of the current hazards, OSHA has placed Adams Thermal Systems in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.

For more information on the program, visit http://s.dol.gov/J3. The current citations can be viewed at http://www.osha.gov/ooc/citations/AdamsThermalSystems_280914_242660_0806_12.pdf.

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


OSHA has cited U.S. Cotton LLC for six violations, including one willful violation for failing to guard swab machines to prevent amputation injuries. OSHA initiated an inspection in February at the company's Cleveland facility after a worker alleged having a finger amputated. Proposed fines total $133,100.

Specifically, the willful violation involves failing to guard the transfer wheels of 54 swab machines to prevent workers from coming into contact with nip points, rotating parts and shearing/crushing areas. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

One repeat violation is failing to properly guard 12 automatic pack machines to prevent workers from being injured by coming into contact with their points of operation. Similar violations were cited in 2011 at the same facility.

Four serious violations involve failing to properly guard the cardboard baler units, the gear assembly of the square/comber machinery and the feed rolls used in the production of cosmetic cotton.

Due to the willful and repeat violations and the nature of the hazards, OSHA has placed U.S. Cotton in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.

Gastonia, N.C.-headquartered U.S. Cotton LLC manufactures health and beauty aide cotton products, and has additional locations in Rio Rancho, N.M., Charlotte, N.C., and Montreal, Canada. The Cleveland plant, which employs about 789 workers, previously was inspected in 2011 and cited for four violations.

The citations can be viewed at: http://www.osha.gov/ooc/citations/USCottonLLC_280144_0806_12.pdf.


OSHA has cited Heritage-WTI Inc., a hazardous waste treatment and disposal facility in East Liverpool, with 11 health violations, including one willful for failing to review and annually certify operating procedures for the process safety management of hazardous chemicals. Proposed fines total $126,000.

OSHA initiated a health inspection in February under the agency's National Emphasis Program for PSM Covered Chemical Facilities as a follow-up to a December 2011 safety inspection. The December inspection, which resulted in citations for nine safety violations, was conducted after a worker was killed at the facility by a metal dust deflagration that occurred while he was manually separating the contents of 55-gallon drums containing metal wastes and residue.

A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Ten serious safety violations involve failing to:
  • Conduct a process hazard analysis on the kiln
  • Provide documentation that proves the kiln complies with recognized good engineering practices
  • Address problems found in process hazard analyses
  • Correct deficiencies in the kiln's written operating procedures
  • Provide processes or procedures to ensure that spare parts and equipment are suitable for their intended applications
  • Review incident reports with workers whose job tasks are relevant to the findings
  • Conduct a compliance audit at least every three years and respond to deficiencies found in compliance audits
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA's standards contain specific requirements for the management of hazards associated with processes using highly hazardous chemicals. More information is available at http://www.osha.gov/SLTC/processsafetymanagement/index.html.

The citations can be viewed at http://www.osha.gov/ooc/citations/Heritage-WTI-Inc_189909_0806_12.pdf.

Heritage-WTI, which employs about 185 people at this plant.


OSHA has cited Franklin Non-Ferrous Foundry Inc. with four alleged willful and serious violations of workplace health and safety standards, chiefly involving a failure to protect workers from exposure to lead. The foundry, located in Franklin, faces a total of $185,900 in proposed fines following an inspection by OSHA's Concord Area Office that was opened in January to verify the abatement of hazards cited by the agency in 2009.

This most recent inspection found two employees exposed to excessive levels of lead during foundry operations as well as a lack of sufficient engineering controls to reduce lead exposure levels. Management also failed to conduct additional lead exposure monitoring when alloys with higher lead content were used and the ventilation system was not working. In addition, management failed to regularly measure the ventilation system to gauge its effectiveness in controlling lead exposure, and respirators were not used when required.

These conditions led to OSHA issuing citations with $181,500 in proposed penalties for three willful violations. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

A citation with a $4,400 fine has been issued for one serious violation involving employees being overexposed to airborne copper fumes during pouring operations and a lack of controls to reduce the exposure level. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA has placed Franklin Non-Ferrous Foundry Inc. in the agency's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law.

Citations in this case can be viewed at http://www.osha.gov/ooc/citations/FranklinNon-FerrousFoundry_111399_0717_12.pdf*. Franklin Non-Ferrous Foundry Inc. has elected to contest its citations and proposed penalties to the independent Occupational Safety and Health Review Commission.


Related Past Posts:
Summary Of Major OSHA Citations - Parker Hannifin
Major OSHA Citations - Week Ending July 28th
Major OSHA Citations - Nebraska Prime Group

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posted by Steve Hudgik
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1 Comments:

Anonymous Fireproofing Contractor said...

Each employer in this case has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

10:27 AM  

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