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, June 02, 2014

OSHA Significant Citations

OSHA defines a significant citation as one with more than $100,000 in proposed fines. An OSHA citation is a claim by OSHA that there has been a safety violation. It does not mean a violation has taken place, nor that the violation is as severe as claimed. The company has 15 days to contest OSHA claims. The following are the citations OSHA announced last week that have total fines of $100,000 or more.

OSHA cites Chicago Engineering Company For Trenching Hazards  ($147,000)
Tire Retreader Fined For Failing To Correct Hazards ($160,280)

For the second time this year OSHA has cited Pan-Oceanic Engineering Co. Inc. for failing to protect workers from trenching hazards at a job site at East 93rd Street and South Woodlawn Avenue in Chicago. OSHA cited the company for willful violations for again failing to protect workers from trench cave-ins while installing water and sewer lines in November 2013. Proposed penalties total $147,000..

Kathy Webb, OSHA's area director in Calumet City, said, "Since 2003, this company has been cited multiple times for violations of trenching standards, which result in numerous fatalities and injuries every year."

OSHA opened the inspection under the National Emphasis Program for trenching and excavation, which was implemented in the 1980s. The company was placed in the Severe Violator Enforcement Program in January 2014 when it was issued four violations for failing to adhere to trenching standards. The company has contested those violations, which carried penalties of $105,600.

For the most recent violations, OSHA was issued two willful citations for failing to ensure workers were protected from cave-in hazards while working in a trench that exceeded 5 feet in depth and failing to support the street pavement above the trench from collapsing on the workers. OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available.

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 serious violation was issued after a competent person found evidence of potential cave-in hazards and failed to remove employees from the hazardous conditions..

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 Severe Violator Enforcement Program mandates targeted follow-up inspections to ensure compliance with the law and focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities or job sites..

To view the citations, visit:

American Made Tires, an Elmira Heights, tire retreader, failed to correct 12 hazards cited during a 2013 inspection by OSHA. Because of that inaction, and the discovery of new and recurring hazards during a follow-up OSHA inspection, the company faces an additional $160,280 in proposed fines.

OSHA's Syracuse Area Office initially cited the company for 16 serious violations of workplace safety standards in July 2013, following an inspection conducted between March and July 2013. American Made Tires agreed to correct the cited hazards and pay the required fine of $20,100. When the company failed to submit proof that it had corrected the hazards, OSHA opened a follow-up inspection in November 2013.

The new inspection found ongoing hazards, including improperly constructed flammable adhesive spray booths located within 20 feet of spark-producing equipment; failure to implement lockout/tagout procedures to protect workers who service or maintain machines; lack of machine guarding for a tire buffer machine; and lack of a communications program and training for employees working with hazardous chemicals.

Because of these uncorrected hazards, OSHA issued American Made Tire 12 failure-to-abate notices, carrying $144,000 in fines. A failure-to-abate notice applies to a condition, hazard or practice for which the employer was originally cited, and upon reinspection, was found uncorrected.

Three repeat violations were cited for hazards similar to those cited in the earlier inspection. These included use of hazardous electrical equipment, accumulation of combustible dust and use of a spark-producing grinder in a flammable area. These violations carry $14,080 in fines.

Finally, one serious citation, with a $2,200 fine, was issued for use of a portable electric lamp in a spraying area during operations
. 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.

The failure-to-abate notices and citations can be viewed at:

Related Past Posts:
Significant Citations Part I - Over $1,075,000 In Fines
Significant Citations - OSHA Fines Cooper Power $166,000
Four Significant Citations Announced Last Week

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posted by Steve Hudgik
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