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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, September 24, 2012

Major OSHA Citations

A summary of major OSHA citations announced during the week ending September 22th.

The following is based on press releases from OSHA.




OSHA cites manufacturer for continued workplace safety, health hazards ($148,700)
OSHA fines Staten Island, NY contractor for fall hazards ($136,000)
OSHA cites OPC Polymers for process safety management program deficiencies ($138,600)

OSHA cites Jersey City, NJ, company for warehouse safety and health hazards ($162,400)

OSHA has cited Formosa Plastics Corp. USA with 16 alleged safety and health violations at its Delaware City, Deleware site. A March investigation was a follow-up to two inspections opened in October 2009. Proposed penalties total $148,700.

Two repeat violations, with $66,000 in penalties, involve a failure to perform process equipment inspections and tests, inspect critical valves and ensure that PVC dust did not accumulate on surfaces and the floor of a bagging area. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The same violation was cited following a separate investigation in March 2010.

Fourteen serious violations include:
  • electrical hazards
  • a deficient process safety management program
  • incomplete emergency shutdown procedures
  • no machine guarding
  •  a lack of training for workers participating in emergency response
  • failing to periodically evaluate contractor performance. 
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer know or should have known. The citations carry $82,700 in penalties.

Formosa Plastics Corp. USA, headquartered in Livingston, N.J., employs 107 workers at its Delaware City site. The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.


OSHA has cited Blade Contracting Inc., based in Staten Island, with seven safety – including one willful – violations for fall hazards at a Jersey City, N.J., work site. The investigation was initiated after a worker with the masonry contractor was injured by falling from a sixth floor balcony while attempting to access a suspension scaffold. Proposed penalties total $136,290.

In an article in SiLive.com, Blade's safety representative said the company is contesting the citations.  In addition, the safety representative  stated that the worker didn't follow safety procedures. He said the man "took a shortcut" and climbed over balcony rails to try to get onto the scaffold. He said the worker failed to use the scaffold's two access ladders as he should have. Read the SiLive.com article here.

OSHA's press release states that the willful violation reflects the use of makeshift devices on top of scaffolds to increase the level height for working and a failure to protect workers on scaffolds from fall hazards. A willful violation is one committed with intentional knowledge or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Two repeat violations involve unprotected workers on scaffolds and a sixth floor balcony. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The same violations were cited in 2007 and 2010.

Four serious violations involve:
  •  a failure to install cross bracing on the entire scaffold
  • failure to ensure personal fall arrest systems were attached to a secure anchorage point and not scaffold guard rails
  • failure to train workers to recognize and avoid hazards including falls
  • failure to ensure proper step ladder use.
The citations can be viewed at: http://www.osha.gov/ooc/citations/BladeContracting_331283_0914_12.pdf.

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

In April OSHA announced a campaign to provide employers and workers with information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry.

In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.


OSHA has cited Yenkin Majestic Paint Corp. for 26 health violations after a cloud containing flammable vapors was released from the company's Columbus facility, which operates as OPC Polymers, on March 21. OSHA initiated an inspection under its national emphasis program on process safety management for covered chemical facilities. Proposed fines total $138,600.

The vapor cloud was caused by a copolymer reaction of flammable chemicals when over-pressurization occurred in the equipment. No injuries were reported.

A Columbus Dispatch article reported that the company said they are addressing the problems:
“We received the documents from OSHA, will work to clarify them, and will work to improve compliance with the requirements, most of which were related to the use of documents,” said Mark Hollinger, senior vice president of operations with OPC Polymers, reading from a statement.

OSHA cited OPC Polymers for 25 serious safety violations related to process safety management, including incomplete process safety information. The process safety information was lacking maximum intended inventories, a listing of the materials of construction, and accurate piping and instrument diagrams or design codes and standards. Violations specific to process hazard analyses ranged from failing to address hazards of the process, to engineering and administrative control failures. Additional violations included
  • failing to implement written operation procedures and review and certify them annually
  • failing to train workers on procedures
  • failing to establish and implement written mechanical integrity and management of change procedures
  • failing to conduct a compliance audit at least every three years
  • failing to respond to deficiencies found in compliance audits.
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.

There was one other-than-serious violation cited for failing to certify the completion of a personal protective equipment hazard assessment.

The citations can be viewed at http://www.osha.gov/ooc/citations/Yenkin_Majestic_28228_0914_12.pdf.

OPC Polymers, which employs about 190 people at the facility, has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area office or contest the findings before the independent Occupational Safety and Health Review Commission.


OSHA has cited Continental Terminals Inc., based in Jersey City, with 18 alleged safety and health violations at the company's warehouse in Kearney. OSHA initiated an inspection upon receiving a complaint. Proposed fines total $162,400.

Citations carrying $98,000 in penalties have been issued for two willful violations that involve permitting employees to ride on the forks of forklifts and a failure to provide fall protection on platforms

Fifteen serious violations include:
  • locked or sealed emergency exit doors
  • improperly labeled doors
  • improper storage of liquid propane tanks
  • unsanitary restrooms
  • unsafe material storage
  • unauthorized personnel being allowed to ride on powered industrial trucks
  • powered industrial trucks left unattended with a load raised and the engine running
  • not taking power industrial trucks out of service when in need of repair
  • permitting employees to operate a compactor without guards or an interlock in place
  • exposing employees to live electrical parts
  • failing to implement a hazard communication program
  • failure to provide training or material safety data sheets to employees handling hazardous chemicals
  • failure to have a continual and effective hearing conservation program for employees exposed to noise at 85 decibels or greater as a time-weighted average
  • failure to have a noise monitoring program for employees exposed to 85 decibels or greater
  • failure to have an audiometric testing program for employees exposed to noise
  • failure to provide auxiliary directional lighting on powered industrial trucks for areas where the general lighting was less than two lumens per square foot. 
The serious citations carry $64,400 in penalties.

One other-than-serious violation is failing to provide Appendix D of the respiratory protection standard to employees who voluntarily wear filtering face piece respirators. This citation does not carry a penalty.

The citations can be viewed at: http://www.osha.gov/ooc/citations/ContinentalTerminals_444574_0914_12.pdf and http://www.osha.gov/ooc/citations/ContinentalTerminals_281192_0914_12.pdf.

Continental Terminals, with 10 employees at its Kearny warehouse, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.


Related Past Posts:
Summary Of Major OSHA Citations - 7 Contractors Cited
Summary Of Major Citations - Fireworks Factory Cited
Summary Of Major Citations - Tyson Cited



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