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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, April 01, 2013

OSHA Significant Citations Last Week

The following is a summary of OSHA and state OSHA significant citations that have proposed fines over $100,000 that were announced during the week ending March 30th.

The following are based on a press releases from OSHA and other sources. Reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement are also included.

OSHA fines Lakewood, NJ, manufacturer chemical and other hazards ($184,500)
Queens, NY, metal products manufacturer faces OSHA fines ($108,900)


OSHA has cited eSmoke LLC, an electronic cigarette manufacturer based in Lakewood, with 20 workplace safety and health violations.

OSHA's inspection was prompted by a complaint alleging serious safety and health hazards throughout the facility, resulting in $184,500 in proposed penalties.

OSHA cited two willful violations, with a total of $112,500 in penalties. The willful citations were for:
  • Not providing and enforcing the use of protective gloves when workers handle products containing nicotine.
  • Not providing eye protection when handling corrosive chemicals and concentrated nicotine.
Sixteen serious violations, with a total of $72,000 in penalties, included
  • failing to select and require appropriate hand protection for workers exposed to toxic chemicals
  • not prohibiting food consumption in toxic-exposed work areas
  • failure to mount a portable fire extinguisher and train workers on its usage
  • not having a written hazard communication program and training
  • not having proper labels for containers filled with liquid nicotine
  • not having material safety data sheets for the products manufactured
  • a lack of directional signs indicating the exit pathway
  • not marking for non-exit doors
  • not securely anchoring drill presses
  • power strips were supplying electric power to multiple devices
  • using flexible cords as a substitute for fixed wiring
  • exit passageways and electrical panels were blocked
Two other-than-serious violations, carrying no penalty, were also cited for not providing eye protection to workers exposed to liquid chemicals and an insufficient number of bathrooms. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The citations can be viewed at http://www.osha.gov/ooc/citations/ESmoke-655718.pdf and http://www.osha.gov/ooc/citations/ESmoke-653398.pdf.

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


OSHA cited Juniper Elbow Co. Inc., doing business as Juniper Industries, for alleged repeat and serious violations of occupational health standards at its Middle Village manufacturing facility in Queens, N.Y.

The manufacturer of metal products faces a total of $108,900 in proposed fines following a September 2012 complaint inspection.

The repeat violations, with fines of $74,250, include:
  • Failing to train, fit-test and provide medical fitness evaluations for workers who wear respirators.
  • Failure to provide hazard communication training not certifying that a hazard assessment had been conducted to determine what personal protective equipment was needed to perform the work safely.
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. Similar violations were cited in April 2011.

The seven serious violations, with fines of $34,650, included:
  • failing to conduct initial noise monitoring and administer a hearing conservation program for workers exposed to high noise levels
  • not providing employees with eye and hand protection when working with chemicals
  • failing to determine hexavalent chromium exposure levels
  • not providing protective clothing and information to workers exposed to hexavalent chromium
  • not training forklift operators
  • failing to provide fire-resistant shields during welding operations
The citations can be viewed at http://www.osha.gov/ooc/citations/juniperelbowcitations.pdf. Juniper has 15 business days from receipt of the citations and proposed penalties to comply, request a meeting with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.


Related Past Posts:
Significant OSHA Citations - Week Ending March 23th
No Significant OSHA Citations - Week Ending March 16th
Significant OSHA Citations - Week Ending March 2nd

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posted by Steve Hudgik
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