35 Serious Safety and Health Violations Discovered

Remington Arms Co. Inc. was cited by OSHA for 35 alleged serious violations of workplace safety and health standards at its Ilion, NY manufacturing plant. The firearms manufacturer faces a total of $170,000 in proposed penalties for a variety of mechanical, electrical, and chemical hazards identified during inspections by OSHA’s Syracuse Area Office.

“Left uncorrected, these conditions expose the plant’s workers to electrocution, falls, burns, lacerations, amputation, crushing and “struck-by” injuries, as well as exposure to hazardous substances and being caught in operating or unintentionally energized machinery,” said Christopher Adams, OSHA’s area director for central New York. “For the safety and health of these workers, this employer must ensure that these hazards are corrected and take effective steps to prevent their recurrence.

“Specifically, OSHA found violations involving a lack of personal protective equipment; accumulations of toxic substances lead and cadmium on surfaces in the plant; food and beverages stored and consumed at cadmium-contaminated work stations; failing to provide workers with training and information on lead and cadmium; and not determining cadmium exposure levels. The inspection also identified numerous electrical hazards and instances of unguarded moving machine parts; improper storage and transfer of flammable liquids; a lack of procedures to lock out machines’ power sources to prevent their unintended startup during maintenance; unguarded openings and defective ladders; defective powered industrial trucks and untrained drivers; inadequate fire extinguisher training and availability; unlabeled permit-required confined spaces; no continuous, effective extermination program for vermin; unlabeled containers of hazardous chemicals; and several exit deficiencies including a locked exit door, obstructed exit routes, umarked exits, and non-functioning emergency and exit lighting. 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.

“An effective illness and injury prevention program in which employers and employees work together to identify and eliminate hazards is one way of preventing initial and recurring workplace hazards such as these,” said Robert Kulick, OSHA’s regional director in New York.

The citations can be viewed at

http://www.osha.gov/ooc/citations/RemingtonArms_314352477_1104_11.pdf
and http://www.osha.gov/ooc/citations/RemingtonArms_314352329_1104_11.pdf

Buckeye Radiation Oncology, an outpatient radiation therapy treatment facility in Columbus Ohio was hit with 14 serious safety citations for failing to ensure employees who worked with lead-cadmium alloy were protected from respiratory, ingestion and absorption hazards. The company faces penalties of $58,200 as a result of a December 2010 inspection.

“Employers have a responsibility to ensure employees have safe working environments, which includes taking all necessary precautions to protect them from exposure to hazardous materials such as lead and cadmium alloy,” said Deborah Zubaty, OSHA’s area director in Columbus. “OSHA is committed to protecting workers, especially when employers fail to do so.”

The violations for which the company has been cited include failing to implement a written respirator program with specific worksite procedures; provide protective work clothing and equipment to prevent potential lead and cadmium contamination of employees and their clothing; provide for the cleaning and laundering or disposal of protective equipment and clothing exposed to lead and cadmium; inform, in writing, employees and those who clean protective clothing of the harmful effects of exposure to lead and cadmium; maintain all surfaces as free as practicable of accumulations of lead and cadmium; use effective vacuum and filtration methods to remove lead and cadmium dust, and prevent their re-entry into the workplace. The company also was cited for failing to accurately record air monitoring for these substances, and to have a training program for employees educating them on the hazards of potential exposure to cadmium and lead. 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 cites Miami business for deliberately failing to protect employees from lead exposure and issues Lead Enterprises Inc. 32 citations and more than $307,000 in penalties. Parent company no stranger to OSHA.

The U.S. Department of Labor’s Occupational Safety and Health Administration has issued citations to Lead Enterprises Inc. in Miami, Fla., alleging that the company knowingly neglected to protect employees from lead exposure. The company is being cited with 32 safety and health violations, and $307,200 in total proposed penalties.

“This company was well aware of what it needed to do to protect its workers from a well-known hazard but failed to provide that protection,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “Lead exposure can cause many serious health issues including brain damage, kidney disease and harm to the reproductive system. Such a blatant disregard for OSHA’s lead standard is shameful and will not be tolerated.”

Lead Enterprises is a lead recycling and manufacturing company that produces lead products, including fish tackle, lead diving weights and lead-lined walls used in medical radiology facilities.

As a follow-up to a 2009 inspection, OSHA conducted a July 2010 inspection that resulted in four willful citations and proposed penalties of $224,000. The citations allege violations of OSHA’s lead standard including exposing workers to lead above the permissible exposure limit; not providing engineering controls to reduce exposure; failure to perform ventilation measurements; failure to provide a clean change area; and failure to provide a suitable shower facility for workers exposed to lead above the permissible level. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

Additionally, 21 serious citations with proposed penalties of $70,400 allege that Lead Enterprises failed to perform an initial exposure determination for workers who clean the facility, to conduct quarterly monitoring, to notify workers of air monitoring results, to provide appropriate protective clothing, to maintain surfaces free from lead accumulation, to properly store oxygen and acetylene tanks in the facility, properly install production equipment, and to fix or remove defective forklift trucks. A serious citation is issued 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 management of Lead Enterprises acknowledged awareness of the OSHA lead standard and the dangers associated with lead exposure but continued to allow the hazard to exist, exposing employees to a serious health risk,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.

Three repeat citations with a proposed penalty of $11,200 have been issued, alleging that the company failed to cover electrical wires on a furnace fan motor and record injuries on the OSHA recordkeeping forms for 2008 and 2010. A repeat citation is issued 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.

Two other-than-serious citations were issued with $1,600 in proposed penalties for failing to record instances of medical removal on OSHA 300 logs, and label containers that held lead-contaminated clothing. Two additional other-than-serious citations with no monetary penalties have been issued for failing to certify forklift operators and notify the laundering facility of lead exposure dangers.

In August 2010, OSHA issued citations to E.N. Range Inc. in Miami, a sister company of Lead Enterprises. E.N. Range is the primary lead supplier for Lead Enterprises, and both companies have the same owner. The earlier citations alleged that E.N. Range knowingly neglected to protect employees who clean gun ranges from serious overexposure to lead. E.N. Range also was cited for providing, without medical supervision, non-Food and Drug Administration-approved treatments for lead exposure. The company was cited for more than 50 violations of the lead and other standards, with total proposed penalties of $2,099,600. It is currently contesting the citations and penalties.

If your company primarily engages in the manufacturing, fabricating, or forging of metal products, you may be subject to additional EPA requirements that go into effect for existing facilities on July 25, 2011.  Companies should examine their processes if they use or process metal materials which contain cadmium, chromium, lead, or nickel equal to or in excess of 0.1% by weight of the metal.  Metal materials containing manganese greater than or equal to 1.0% by weight of the metal are also subject to the requirements. 

If you use materials that contain or have the potential to emit any of the above substances, you may be subject to the requirements.  These materials are referred to in the standard as Metal Fabrication (or Finishing) Hazardous Air Pollutants (MFHAP). The manufacturer’s or supplier’s Material Safety Data Sheets should be used to determine the formulation. 

The standard applies to activities such as dry abrasive blasting, dry grinding and polishing, machining, and welding.  Spray painting using paints that contain the above mentioned metals is also subject to this standard.  Each of these activities has specific compliance components.  Dry abrasive blasting operations will have to take steps to control and capture dust.  Operating machining, dry grinding, and dry polishing will require steps to minimize dust.  Spray painting requirements for capturing contaminants and maintaining equipment are detailed.

Operations which perform welding may be the most affected.  Companies who use 2000 pounds or more of welding rod containing one or more MFHAP calculated on a twelve month basis are subject to the standard.  Requirements include implementing one or more management practices to minimize emissions of MFHAP, following manufacturer’s instructions, and monitoring and reporting requirements.  Some of these requirements include an initial notification, annual certification, and compliance reports.  Companies are subject to additional requirements if unacceptable levels of emissions are discovered. 

These requirements do not apply to facility maintenance, tool / equipment repair operations, or quality control operations. 

Click on the link for the full version of the 40 CFR Part 63 Subpart XXXXXX standard to find out additional details.

E.N. Range Inc. in Miami, Fla., has been cited for more than $2 million for exposing workers to lead and other hazards.

 OSHA has issued citations to E.N. Range Inc. in Miami, Fla., alleging the company knowingly neglected to protect employees who clean gun ranges from serious overexposure to lead. It also provided, without medical supervision, non-FDA-approved treatments for lead exposure. The company was cited for more than 50 violations of the lead standard and others, with total proposed penalties of $2,099,600.

“This company was well aware of what it needed to do to protect its workers from a well known hazard. It not only failed to provide that protection, it misled employees - most of whom had limited knowledge of English - into believing that it was providing them with appropriate medical treatment,” said Secretary of Labor Hilda L. Solis. “Such a blatant disregard for the health of workers will not be tolerated under this administration.”

E.N. Range has been cited for 42 willful and serious violations of the lead standard with proposed penalties of $1,884,000. OSHA’s lead standard requires employers to protect their workers from lead exposure which can cause many serious health issues including brain damage, paralysis, kidney disease, and even death.

OSHA’s lead standard also addresses the use of chelating agents, which are medicines intended to reduce blood levels that can have significant adverse side effects. The standard prohibits the use of these agents prophylactically, and permits their therapeutic use only under the supervision of a physician in an appropriate clinical setting. Willful citations were issued alleging that E.N. Range violated this provision by giving its workers non-FDA-approved chelating agents without medical supervision.

“This is an egregious situation where the employer deliberately refused to provide the necessary protections to keep workers safe from overexposure to lead,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The company even knew its workers suffered from lead poisoning, yet avoided proper medical attention in favor of providing an unapproved and potentially unsafe treatment.”

The citations allege that E.N. Range did not use engineering controls to prevent overexposure to lead, perform air sampling to determine the extent of its workers’ exposure, provide showers for workers who had been exposed to lead, or provide blood testing to exposed workers every six months, all of which are required by the lead standard.

The company was also found in violation of the respiratory protection standard for failing to provide medical evaluations and fit testing for respirators. Additionally, the company is being cited for failing to abate a previously-cited violation discovered during an inspection in February 2009. That failure-to-abate notice charges that the employer had neglected to implement a job rotation schedule to reduce lead exposures. The company is also being cited for additional serious violations, including a spliced electrical cable and failure to ensure the blades of a box fan were adequately guarded.

Cincinnati Contractor Very Familiar to OSHA Hit with More Fines for Exposing Workers to Lead

OSHA levies $321,000 in fines against bridge and tower painter UCL Inc. in Cincinnati for exposing workers to lead

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited bridge and water tower painter UCL Inc. in Cincinnati with alleged willful, egregious and serious violations of federal workplace safety and health standards for exposing workers to lead. Proposed fines total $321,000.

OSHA began its inspection in May where UCL was abrasive blasting paint from two bridge overpasses on I-75 near Middletown, Ohio. The inspection revealed nine alleged willful and two serious violations.

Hazards identified as willful allege a variety of violations of the federal lead in construction standard, including a lack of appropriate respirators and protective clothing, failing to maintain eating areas free of lead contamination and failing to remove lead dust from equipment before workers entered designated eating areas.

Four of the willful violations, relating to the employer’s failure to provide clean protective clothing to workers on a daily basis, are also classified as egregious. By designating violations as egregious, OSHA can assess penalties for each time the violation occurs, rather than proposing a single penalty for all violations of a specific agency regulation.

The two serious violations address an inadequate lead compliance program and failing to provide adequate hand washing facilities for employees.

“Few Americans are aware of lead’s deadly effects or the fact that lead taken home on clothing and work tools can infect an entire family,” said OSHA Area Director Richard Gilgrist in Cincinnati. “The cost of employee and family health is far too great a price to pay for anyone to ignore this hazard. All of us want to see working men and women go home safe and without carrying toxic substances into their homes at the end of every work shift.”

While UCL has been in business since 1999, the company owner previously owned United Painting Co., a business that according to OSHA has been cited repeatedly for lead standard violations. UCL also has received numerous citations, many of which were for violations of federal lead standards. An Aug. 27 fatal accident at another bridge painting worksite of UCL, along the same I-75 construction corridor, is still under investigation.

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