Airplane Parts Manufacturer Faces $116,000 in OSHA Fines for Repeat and Serious Safety and Health Hazards

Region 1 News Release: 05-92-BOS/BOS 2005-025
Tuesday, February 15, 2005
Contact: Ted Fitzgerald
Phone: (617) 565-2074

Manchester, Conn., Airplane Parts Manufacturer Faces $116,000 in OSHA Fines for Repeat and Serious Safety and Health Hazards

HARTFORD, Conn. -- Smiths Aerospace Components faces $116,000 in fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) for safety and health hazards at its 255 Sheldon Rd. plant in Manchester, Conn. The airplane components manufacturer was cited for 23 alleged repeat and serious safety and health violations following inspections begun Aug. 15, 2004, under OSHA's site specific targeting program which focuses on workplaces with higher than average lost workday injuries.

"Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said Marthe Kent, OSHA's regional administrator in Boston. "The significant penalty of $116,000 in this case demonstrates our commitment to protecting the health and safety of America's workers."

OSHA's inspections identified instances where safety interlocks were bypassed on mechanical power presses, exposing employees to being caught in the presses' moving parts; improper dispensing of flammable liquids; unauthorized modification of forklift trucks; unanchored and machinery not inspected; ungrounded electrical equipment and outlets; inadequate cleaning and storage of respirators; lack of personal protective equipment; unlabeled containers of hazardous chemicals; excess air pressure in a cleaning hose; and deficiencies in the plant's hearing conservation, bloodborne pathogen and hazardous energy control programs.

Since OSHA had cited the plant for similar hazards in 2004, these citations were classified as repeat violations and carry $98,500 in proposed fines. OSHA issues a repeat citation when an employer has previously been cited for substantially similar hazards and those citations have become final.>

Additional hazards found during the inspection included failure to dispose of combustible material daily; unauthorized electrical equipment in a paint spray area; unsecured compressed gas cylinders; misused electrical equipment, and several additional instances of unguarded machinery. These conditions resulted in the issuance of nine serious citations, with $17,500 in proposed fines. OSHA defines a serious violation as a condition where there is a substantial possibility that death or serious physical harm can result to an employee.

The company has 15 business days from receipt of its citations and proposed penalties to elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. OSHA's Hartford area office, which conducted the inspection, can be reached at (860) 240-3152.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships, and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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Probe finds system failed in Ill. blast

The U.S. Chemical Safety and Hazard Investigation Board said in a statement Saturday that it is still trying to determine why the system at the Formosa Plastics Corp. plant did not work.

The system should have flooded the area if there was a release of the explosive gas vinyl chloride, which is used to make plastic. The water would have diluted the gas and helped suppress any fires. Instead, the gas ignited.

The plant has been shut since the April 2004 blast.

Investigators from the Occupational Safety and Health Administration last year found three "willful" safety violations at the plant, and 45 other serious violations.

Under a deal with OSHA, Formosa has agreed to pay about $300,000 in fines and hire safety experts. Formosa spokesman Rob Thibault said the company followed accepted safety practices, but those standards might be inadequate.

The factory, about 25 miles east of Springfield, manufactures materials for construction, medical supplies and automotive parts.

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By BERT DALMER
REGISTER STAFF WRITER
April 22, 2005

A Polk County judge has reduced by about 80 percent the fines levied against a Missouri sewer-repair company whose workplace-safety deficiencies contributed to the deaths of two workers in Des Moines in 2002.

Following the case's third court action in three years, District Judge Karen Romano refused to dismiss any of the 18 violations that were previously upheld against Insituform Technologies.

But Romano sided with an earlier ruling that said the Iowa Occupational Safety and Health Administration should not have imposed separate fines for each violation if any two of the violations could have been remedied at once.

Romano's decision lowers the proposed fines against the Chesterfield, Mo., company from $808,250 to $158,000.

Gail Sheridan-Lucht, who prosecuted the case for state regulators, called the reduction in penalties "significant" but said the ruling nonetheless represents a victory for workplace safety.

Because many of OSHA's 20 proposed violations survived the appeals process, Sheridan-Lucht said, two wrongful-death lawsuits against the company are sure to benefit from the decision.

"It's a win for the prosecution," she said, "but we're disappointed with the penalties because that's all we have to send a message."

OSHA's original fines were drastically reduced in early 2004 following an administrative hearing, but most were later reinstated by the state's Employment Appeal Board, which wrote that ignoring fines for separate penalties "serves to minimize their individual importance."

Daniel Grasshoff, 25, and Brian Burford, 19, both Insituform employees, were overcome by sewer gas and drowned during a July 2002 repair job on Des Moines' east side. Five co-workers also were overcome by the fumes as they entered the sewer in a failed rescue attempt.

State regulators blamed the company for, among other things, failing to ensure that the Des Moines work crew used fresh-air respirators, ladders and harnesses that would have allowed Grasshoff and Burford to be pulled out. Much of the necessary equipment was later spotted at the site by investigators.

Insituform argued in its most recent appeal that its work crew's failure to use available safety equipment was the result of "unpreventable employee misconduct."

But the crew's supervisor, a 19-year employee, testified in hearings that he was unfamiliar with the company's written safety program designed for sewer work. Permits that are required to be filled out upon every entry into the sewer were rarely prepared, evidence showed.

Romano rejected the argument that the company was blameless for the deaths.

A company spokeswoman declined comment Thursday.

Sheridan-Lucht said she expects that Insituform will file another appeal to the Iowa Supreme Court. The company has argued throughout the process that it was wrongly penalized under construction standards rather than general industry standards, which are less stringent.

Separate state fines of $9,000 issued against the city of Des Moines, which hired Insituform to perform the repairs, were dismissed last year. OSHA has appealed that decision to the state Supreme Court.

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Daniel Cruz Romero fell into a meat-grinding machine that he was cleaning and was killed. The incident still is under investigation by the Travis County District Attorney's Office.

Michael Angelo's was fined $134,500 by OSHA for 10 violations related to Romero's death and $11,000 for other violations. OSHA accepted a $140,200 settlement, according to OSHA spokeswoman Elizabeth Todd.

According to Todd, among the violations OSHA found during its investigation were that the company failed to provide adequate safety training for its employees and didn't ensure dangerous parts of the machines were guarded.

California-based Michael Angelo's makes frozen dinners, primarily Italian food. The death occurred in a manufacturing plant at 200 Michael Angelo Way, near the border of Austin and Round Rock.

The widow of 34-year-old Romero has sued Michael Angelo's and the California company that made the meat grinder, claiming they were negligent in the death of her husband.

Michael Angelo's has been cited by OSHA for violations in the past. In 2001, the company agreed to pay $63,050 in fines for failing to guard dangerous parts of a machine and not providing protective equipment to its employees. In the past year, Michael Angelo's has been fined more than $100,000 in OHSA's Region 6, which includes Texas, according to Todd.

In a statement, Michael Angelo's founder and CEO Michael Renna says the company is implementing new safety and training procedures in both English and Spanish. Michael Angelo's also is searching for a senior-level safety manager for the company.

The company employs more than 600 people at its Round Rock plant.

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News briefs from California's Central Coast

SANTA YNEZ, Calif. - A Lompoc construction company building the 90,000-square-foot Chumash Casino faces up to $91,000 in fines for violations of federal safety standards that allegedly led to the trench collapse death of a worker.

The federal Occupational Safety and Health Administration said the violations were particularly egregious because R. Williams Construction represented itself as an expert in underground construction and was hired because of that alleged expertise.

Federal investigators said workers were allegedly asked by R. Williams officials to sign a statement that they had received training in trench work when they hadn't. Some workers said the statement identifying them as trench experts was in English though some could not speak, read or write English, including the Lompoc man injured in the accident, OSHA said.

Jose Aguiniga, 42, of Buellton was killed and his co-worker Adam Palamar suffered a shattered pelvis when the 70-long, 10-deep trench they were working in collapsed while they were digging a new sewer line Sept. 19, 2002.

"OSHA excavation and trenching standards clearly state what standards must be in place to protect workers in this type of construction," OSHA deputy regional administrator Christopher Lee said in a statement. "This employer knowingly placed workers at significant risk by failing to take the most basic precautions against trench collapse."

Investigators say the company failed to comply with requirements that trench walls be sloped at an angle of no more than 34 degrees. The trench that failed was sloped at an angle of about 45 degrees, federal investigators said. This alleged violation carries penalties of up to $70,000.

In addition, the construction company allegedly failed to provide a stairway, ramp or other means of escape for the workers; failed to have a qualified person inspect the excavation an ongoing basis during the work shift; and neglected to instruct employees in how to spot and avoid dangerous trench conditions. The three serious violations carry a fine of $21,000.

The company also received a citation for a single violation, without penalty, for failing to have the trench properly shored.

R. Williams Construction recently filed an appeal. There was no immediate comment from the firm.

Tribal Chairman Vincent Armenta said he hadn't spoken to any of the cited construction firms, but will meet with tribal leaders to discuss the OSHA report this week.

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Nine New York Contractors Face $98,400 in OSHA Fines for Safety Hazards at Three Brooklyn Construction Sites

BROOKLYN, N.Y. -- Nine area contractors face a total of $98,400 in fines for 56 alleged serious and repeat violations of workplace safety standards at three Brooklyn construction projects: the Marcy Homes and Marcus Garvey Homes residential construction projects and the TPT Rehab project. The U.S. Occupational Safety and Health Administration (OSHA) fined the employers after inspections begun Nov. 29, 2004 in response to employee complaints of unsafe working conditions.

"It's particularly disturbing to see many of the same hazards at three different job sites overseen by the same general contractor," said Antonio Pietroluongo, OSHA's acting Manhattan area director. "Left uncorrected, these conditions expose employees to potential serious injury or death from falls, electrocution, scaffold collapse, gas cylinder explosions or head injuries."

Great American Construction Corp., Mt. Vernon, the general contractor for the three projects, was fined $25,350 for lack of fall protection and fall protection training; unsecured floor hole covers; uncleared debris; ladder and stairway hazards; various electrical hazards; improper storage of compressed gas cylinders; and failing to perform an engineering survey and to inspect the jobsite.

S&L Magic Construction Corp., Glendale, was fined $33,600 for failing to train employees in unsafe conditions, fall and scaffold hazards and the proper use of ladders; no fall protection for employees working on a scaffold; unstable objects used to support scaffolding; improperly secured compressed gas cylinders; unsecured and unmarked floor hole covers; not wearing protective helmets; and electrical, ladder and stairway hazards.

Also cited were: Reliant Electrical, Brooklyn, fined $14,200; W&H Associates Construction, New York City, fined $9,200; CMU Specialties Inc., Brooklyn, fined $6,000; Papasidero Marble and Tile, LLC, Somers, fined $3,750; Service Plus Plumbing and Heating Co. Inc., the Bronx, fined $2,850; ANR Electrical Contracting, Long Island City, fined $2,100; and Caapuci Drywall, Woodside, fined $1,350. Among the violations for which the contractors were cited were electrical, scaffold, ladder and stairway hazards; lack of head and eye protection; unguarded wall openings and an unguarded grinder; and failure to conduct inspections and to train workers to recognize unsafe conditions.

Each company has 15 business days from receipt of its citations to request and participate in an informal conference with the OSHA area director or to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Manhattan area office, 201 Varick St., Room 908, New York, N.Y. The office's telephone number is (212) 620-3200.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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Experts say workers often take shortcuts in trenches

A lone construction helmet sat abandoned amid dirt clods in a trench outside Wheaton Warrenville South High School Tuesday, a sad reminder of the possible safety lapses that led to a worker's death the day before.
Construction industry experts said there was no good reason why Herman Calloway Sr. and his son Herman Jr. were in the trench without proper shoring or a safety box.
Yet authorities said emergency workers found the safety box next to, rather than inside, the trench that collapsed at the work site, killing the elder Calloway, who was 74 and lived in Chicago.
His 51-year-old son, of South Holland, was taken to Advocate Good Samaritan Hospital with a possible pelvis fracture. His condition was not available Tuesday.
The tragedy is just another story of an unnecessarily morbid profession, experts said.

PAUL MICHNA/DAILY HERALD
A trench box used to protect workers from cave-ins still sat near the trench at Wheaton Warrenville South High School that collapsed Monday.

Trench cave-ins are the most common disaster involved in excavating sewer lines, making it one of the most dangerous facets of the construction industry, experts said.
Federal regulations spell out the requirements for such excavations. Depending on the environment and depth and slope of the trench, safety equipment, such as shored walls and steel safety boxes, are required to prevent cave-ins.
"It's just like being at the beach when you start digging in the sand," said Tim Fisher, director of practices and standards for the American Society of Safety Engineers, based in Des Plaines.
"You know eventually if you keep digging that the sides will come down. This incident was the same thing, just with dirt," Fisher said. "These incidents are extremely common and almost always preventable."
The Bureau of Labor Statistics data tell the tale. Nearly 550 people died in trench accidents from 1992 to 2001.
Those numbers speak to a cultural problem in the industry, said David Benjamin, executive director of the Itasca-based Underground Contractors Association of Illinois.
"What happens is somebody sees the opportunity of saving hours of time, so they go into a death trap," he said.
Steel safety boxes used to protect trench workers are not one-size-fits-all structures. If the one on hand doesn't fit the hole, workers often decide not to use them, Benjamin said.
"Rather than go back to the office and get the proper safety equipment, they say 'Oh, let's just go do it, and we can be back at the house drinking a beer,' " he said. "Unfortunately, what happens is you're not back at the house, you're going to console somebody's wife."
Fisher and Benjamin said any number of factors could have contributed to the Wheaton trench collapse. Those include heavy rainfall on Saturday, vibrations from traffic on Butterfield Road, soft soil or just poor oversight.
Wheaton police said the elder Calloway may have been the foreman overseeing the trench project, but they have not confirmed his title.
If so, that shows how the most experienced workers, even at age 74, take unnecessary risks, experts said.
It's not uncommon for someone Calloway's age to work in construction. Indeed, Anjali Nayyar-Julka, spokeswoman for the Illinois Department of Labor, said it is a human rights violation for a construction company to deny anyone employment solely because of their age.
Whether it's a good idea for someone Calloway's age to be down in a trench is subjective. Bureau of Labor Statistics data show construction workers aged 55 and over suffered nearly three times as many occupational injuries and illnesses as 16- to 19-year-olds in 2003.
Police and the Occupational Safety and Health Administration will determine what role, if any, either of the Calloways played in the accident.
Their relatives did not respond to requests for comment Tuesday.
Both men worked for Hamilton Construction, which also did not respond to phone calls. No wrongdoing has been officially determined yet. OSHA cited the Chicago-based company at least seven times since 1997 for excavation-related violations.
The company received recent media attention for contracts it won with the city of Chicago because its owner, Marc A. Morale, is the son of Marco Morales Sr., a former construction company owner serving time in Michigan for selling cocaine to an FBI mole. Morales was also the first arrest in a federal corruption investigation known as "Operation Silver Shovel."
The post-mortem exam of the elder Calloway began late Tuesday. Results were not immediately available. The coroner's office will hold an inquest into the death within the next eight to 10 weeks. OSHA's investigation could take as long as six months, but the Chicago Regional Office expects a brisk conclusion.

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Confined Space Hazards at Nowata, Okla., Worksite Bring OSHA Citations and Fines Totaling $62,550

OKLAHOMA CITY -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations against Cunningham Sandblasting and Painting Co. Inc. with proposed penalties totaling $62,550. The fines were assessed for alleged safety violations following an investigation at a company worksite on Highway 60, Road 409 in Nowata, Okla.

Cunningham Sandblasting and Painting, headquartered in Joplin, Mo., employs about 25 workers, two of whom were at the worksite. The company was issued citations for two alleged willful and 17 alleged serious safety violations following an OSHA inspection that began Dec. 20, 2004. Employees were painting the inside of a water tower without the use of respiratory equipment, exposing workers to a hazardous condition.

"Health and safety standards must be followed to protect employees from injuries and fatalities," said James Brown, OSHA's area director in Oklahoma City. "Fortunately, in this case no one was seriously injured."

The two willful citations were issued for failing to complete an entry permit prior to entering a confined space, which includes information such as air monitoring and instructions to follow in case of emergency, and failing to use retrieval systems when entering confined spaces. OSHA defines a willful violation as one committed with intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act.

The alleged serious violations include failure to: provide cages on ladders, repair damaged scaffolding, require the use of personal protective equipment such as fall protection harnesses, and train employees on the use of respirators. OSHA issues a serious citation when death or serious injury could result from a hazard about which the employer knew or should have known.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Oklahoma City area office at (405) 278-9560 or OSHA's toll-free hotline number at 1-800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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Massachusetts company fined for crane accident in Maine

Augusta, MAINE - Federal regulators have fined two contractors, including a Massachusetts company, a total of nearly 115,000 dollars following a crane accident in Freeport, Maine.

The Occupational Safety and Health Administration says a crane lifting concrete slabs in December at a Hilton Garden Inn construction site became overloaded and tipped over. Cited by OSHA were TRB Development Group of Hooksett, New Hampshire; and JD Irving and Irving Equipment of Burlington, Massachusetts.
Irving, which operated the crane, says it's reviewing its 80,000-dollar fine. And TRB Development, which was fined nearly 35,000 dollars, plans to contest the citation.

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Equipment supplier fined in accident that left employee blinded

SAN ANTONIO -- The San Antonio-area's largest supplier of Caterpillar construction equipment has been fined for training failures.
The U.S. Occupational Safety and Health Administration fined HOLT CAT $14,200 after an accident that left an employee blinded by a steel hook.
OSHA cited HOLT five safety regulation violations related to the December accident.
A welder, surgeons, firefighters and paramedics spent hours to detach a 10-inch hook from a backhoe and then remove it from Wayne Gail Creek's head.
The company failed to follow its procedures, according to the OSHA citations. The mechanic and the co-worker beside him were not to blame.
"They were not faulted in any way. They should have received the training they needed," said Elizabeth Todd, a Dallas-based spokeswoman for OSHA.
HOLT CAT did not concede fault but settled the claim by negotiating the penalties down from a maximum of $28,000.
The company also agreed to correct the oversights.
"Job safety is always and remains a priority with us," said Joe Carreon, a HOLT CAT marketing manager.
Creek and a co-worker were removing the bucket from a backhoe loader when Creek leaned over and the backhoe's hydraulic arm forced Creek's head into the hook on the top of the bucket.
The hook punctured his left temple, crippling his optic nerves.
OSHA found the company did not ensure that employees knew the safety procedures for removing such buckets.
Creek underwent four surgeries. He is learning to use a walking stick. He has praised his employer since the accident, saying he is thankful HOLT CAT is paying his medical and dental bills.

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Firm guilty in '99 electrocution death

One of the nation's oldest electrical contractors was convicted last month of violating workplace safety rules in the 1999 death of an employee in what federal prosecutors say is one of the rarest criminal cases in Chicago federal court history, according to the Chicago Tribune.
L.E. Myers Co. was found guilty of willfully breaking OSHA regulations in the death of Blake Lane, 20, who was killed on his second day working for the company.
The Rolling Meadows-based company was acquitted of a second charge in the 2000 death of Wade Cumpston, 43.
Prosecutors say L.E. Myers willfully ignored workplace regulations that would have kept both men alive.
"We are trying to ensure worker's safety and send a message to corporations that OSHA regulations are going to be taken seriously," Assistant U.S. Atty. Eric Sussman said.
L.E. Myers "shirked their responsibility, a very serious responsibility," Sussman said.
The company faces a maximum sentence of 5 years' probation and a $500,000 fine for the misdemeanor charge, prosecutors said.
L.E. Meyer's parent company, MYR Group, issued a two-page statement that said the company investigated the two incidents and did not believe it had violated any OSHA standards.
Both incidents happened within three months of each other.
Lane, of Sullivan, Ill., was a rookie in the power-line construction industry when he was jolted by 2,400 volts of electricity atop a 120-foot steel tower in Mt. Prospect on Dec. 28, 1999.
Prosecutors said Lane, who was inexperienced, was not warned by his foreman that the line was live.
Cumpston, of Ashland, Ky., was an experienced lineman who was electrocuted while working in a bucket at a Plainfield ComEd tower. He tried to remove one end of a ground wire while the wire's other end was still attached to a live power line. Prosecutors alleged that the line had not been properly grounded.
The deaths of Lane and Cumpston were the latest in a long history of workplace fatalities for L.E. Myers, a company that builds and repairs high-voltage power lines. A Tribune investigation in 2003 showed the company had had 35 work-related deaths and 200 violations of federal and state safety rules since 1972.
Stanford University Law professor William Gould called the L.E. Myers' case unusual.
"I do know that is a rare occurrence for criminal sanctions to be sought against violations for health and safety," said Gould, who specializes in labor law and is a former chairman of the National Labor Relations Board in Washington.
One of the reasons might be that the standard of proof in a criminal case is much higher than that in a civil proceeding, he said.
Both Cumpston's and Lane's families have civil litigation pending against L.E. Myers, Sussman said.

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Mexico, N.Y., Food Plant Cited by OSHA for Lockout/Tag-out, Machine Guarding and Other Safety Hazards Fines Total More Than $43,000

SYRACUSE, N.Y. -- A Mexico, N.Y., food plant's alleged failure to safeguard workers against the accidental startup of machinery and other industrial hazards has resulted in a total of $43,350 in proposed penalties from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

Grandma Brown's Beans Inc. was cited for 18 alleged willful and serious violations of workplace safety standards at its 5837 Scenic Ave. production plant. The citations result from an inspection conducted under the Syracuse OSHA office's "Local Emphasis Program on Food Processing Industries."

The inspection found that the company failed to develop a lockout/Tag-out program for machinery in the plant and also failed to guard two labeling machines to prevent employee contact with their moving parts. These citations, which carry $33,000 in proposed penalties, were classified as willful. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

"The purpose of a lockout/Tag-out program is to ensure that machines are shut down and their power sources locked out before employees begin maintenance," said Chris Adams, OSHA's Syracuse area director. "Such a program is essential in preventing accidental startups that could seriously injure or kill workers."

An additional $10,350 in fines was proposed for 16 serious citations. The citations address such hazards as failure to maintain lifting devices; lack of stair railings; failure to label confined spaces; lack of eye wash stations; lack of fire extinguisher training; failure to cover live electrical parts; ungrounded electrical equipment; lack of electrical safety training, and several other machine guarding hazards. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.

The company has 15 business days from receipt of its citations to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's area office located at 3300 Vickery Rd., North Syracuse; telephone: (315) 451-0808.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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Probe finds system failed in Ill. blast

ILLIOPOLIS, Ill. - An explosion at a plastics factory last year that killed five people and injured three others happened because a water safety system failed, investigators said.
The U.S. Chemical Safety and Hazard Investigation Board said in a statement Saturday that it is still trying to determine why the system at the Formosa Plastics Corp. plant did not work.
The system should have flooded the area if there was a release of the explosive gas vinyl chloride, which is used to make plastic. The water would have diluted the gas and helped suppress any fires. Instead, the gas ignited.
The plant has been shut since the April 2004 blast.
Investigators from the Occupational Safety and Health Administration last year found three "willful" safety violations at the plant, and 45 other serious violations.
Under a deal with OSHA, Formosa has agreed to pay about $300,000 in fines and hire safety experts. Formosa spokesman Rob Thibault said the company followed accepted safety practices, but those standards might be inadequate.
The factory, about 25 miles east of Springfield, manufactures materials for construction, medical supplies and automotive parts.

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Judge cuts fines in sewer deaths

A Polk County judge has reduced by about 80 percent the fines levied against a Missouri sewer-repair company whose workplace-safety deficiencies contributed to the deaths of two workers in Des Moines in 2002.

Following the case's third court action in three years, District Judge Karen Romano refused to dismiss any of the 18 violations that were previously upheld against Insituform Technologies.

But Romano sided with an earlier ruling that said the Iowa Occupational Safety and Health Administration should not have imposed separate fines for each violation if any two of the violations could have been remedied at once.
Romano's decision lowers the proposed fines against the Chesterfield, Mo., company from $808,250 to $158,000.

Gail Sheridan-Lucht, who prosecuted the case for state regulators, called the reduction in penalties "significant" but said the ruling nonetheless represents a victory for workplace safety.

Because many of OSHA's 20 proposed violations survived the appeals process, Sheridan-Lucht said, two wrongful-death lawsuits against the company are sure to benefit from the decision.
"It's a win for the prosecution," she said, "but we're disappointed with the penalties because that's all we have to send a message."

OSHA's original fines were drastically reduced in early 2004 following an administrative hearing, but most were later reinstated by the state's Employment Appeal Board, which wrote that ignoring fines for separate penalties "serves to minimize their individual importance."

Daniel Grasshoff, 25, and Brian Burford, 19, both Insituform employees, were overcome by sewer gas and drowned during a July 2002 repair job on Des Moines' east side. Five co-workers also were overcome by the fumes as they entered the sewer in a failed rescue attempt.
State regulators blamed the company for, among other things, failing to ensure that the Des Moines work crew used fresh-air respirators, ladders and harnesses that would have allowed Grasshoff and Burford to be pulled out. Much of the necessary equipment was later spotted at the site by investigators.

Insituform argued in its most recent appeal that its work crew's failure to use available safety equipment was the result of "unpreventable employee misconduct."
But the crew's supervisor, a 19-year employee, testified in hearings that he was unfamiliar with the company's written safety program designed for sewer work. Permits that are required to be filled out upon every entry into the sewer were rarely prepared, evidence showed.

Romano rejected the argument that the company was blameless for the deaths.

A company spokeswoman declined comment Thursday.

Sheridan-Lucht said she expects that Insituform will file another appeal to the Iowa Supreme Court. The company has argued throughout the process that it was wrongly penalized under construction standards rather than general industry standards, which are less stringent.
Separate state fines of $9,000 issued against the city of Des Moines, which hired Insituform to perform the repairs, were dismissed last year. OSHA has appealed that decision to the state Supreme Court.

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Lead Hazards at Pittsburgh Apartment Project Bring OSHA Penalties

A painting contractor's alleged failure to protect employees removing lead-based paint from the Heinz Loft Apartment project in Pittsburgh has prompted $106,800 in proposed penalties from OSHA. The agency cited Mike McGarry and Sons Inc. of Cleveland for 12 alleged willful, serious and other-than-serious violations of workplace safety and health regulations following an OSHA inspection that began in February 2005. The willful citations, which account for $96,000 of the penalty, concern the employer's alleged failure to conduct a proper exposure assessment; lack of a hand washing facility and a change area for lead contaminated clothing; and not providing biological monitoring for employees exposed to lead. The serious violations, with a proposed penalty of $9,000, address the company's alleged failure to equip employees with powered air-purifying respirators; not providing protective clothing; not having an updated lead compliance plan; failure to utilize HEPA-filtered vacuums to clean up lead debris; and lack of proper lead training to exposed employees. The other-than-serious violations, which carry a penalty of $1,800, concern the alleged failure to provide exposure monitoring results to employees; failure to establish and maintain accurate medical surveillance records; and not establishing an accurate record of all lead monitoring date. Lead is a poison that can damage the central nervous system, kidney, cardiovascular, blood and reproductive systems if absorbed into the body in high-enough doses. Absorption is often through inhalation. "OSHA lead standards require employers to take steps to minimize exposure levels," said Robert Szymanski, OSHA's area director in Pittsburgh. "This company is well aware of the hazards and their failure to comply at the job site is unacceptable."

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OSHA Fines New Berlin, Wis. Tire Service $114,300 for Workplace Safety and Health Violations

MILWAUKEE --
The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Pomp's Tire Service, an industrial tire sales and servicing business in New Berlin, Wis., following a December 2004 inspection concerning workplace safety and health issues, the agency announced today. "Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said George Yoksas, OSHA area director in Milwaukee. "The significant penalty of $114,300 in this case demonstrates our commitment to protecting the health and safety of America's workers." OSHA opened its inspection after receiving information that a worker at Pomp's Tire Service had been seriously injured when a large industrial tire exploded during the filling process Nov. 19, 2004. The inspection resulted in citations alleging nine serious safety violations and one willful safety violation of federal workplace safety standards, and five alleged serious violations of workplace health standards. OSHA issued citations for alleged serious violations relating to safety measures required during servicing of single piece rimmed tires and various fire hazards. The citations for an alleged willful violation were issued because the business failed to provide a safety restraint device for tires during filling operations. The company received serious citations as part of the health inspection for failing to provide personal protective equipment, not having emergency response plans or hazard assessment determination for personal protective equipment, and failing to train workers on the hazards of foam-fill and cleaning chemicals. Willful violations are those committed with an intentional disregard or plain indifference to the requirements of the Occupational Safety and Health Act. 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 company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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OSHA Fines Seaboard Farms of Holyoke, Colo., $139,200 for Alleged Safety and Health Violations

HOLYOKE. Colo. --
The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Seaboard Farms Inc., Holyoke, Colo., a subsidiary of Seaboard Corporation, $139,200 in proposed penalties for allegedly failing to protect workers from hazards at their eastern Colorado hog farm operation. The investigation was initiated under OSHA's Site Specific Targeting Program, which identifies employers with elevated injury and illness rates. "Strong enforcement, when necessary, is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said Greg Baxter, OSHA regional director in Denver. "The significant penalty of $139,200 in this case demonstrates our commitment to protecting the health and safety of American workers." OSHA's Denver area office cited Seaboard Farms for one alleged willful and 23 alleged serious violations of OSHA's general duty clause and standards relating to farms and feed-mills. The willful citation, with a proposed penalty of $55,000, addressed unguarded machinery. The serious citations, with a total of $84,200 in penalties, addressed inadequate respiratory protection; confined space entry precautions; lockout procedures; machine guarding; electrical work practices, procedures, and equipment; and forklift training. Other serious citations involved hazard communication training; compressed gas cylinder storage; all-terrain vehicle (ATV) operator safety training; fall hazards; lack of instruction of the safe operation and servicing of all covered equipment; laceration hazards from contact with damaged metal siding in walkways; and inadequate eye protection and eye wash stations. Willful violations are those committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. 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 employer has 15 working days from receipt of the citations to request an informal conference with the OSHA area director, or to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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Unsafe Response to Chemical Spill Results in $171,000 Fine for Milwaukee Business

MILWAUKEE, Wis. --
A dangerous clean-up operation following a thirty-three gallon spill of muriatic acid at Solvox Mfg. Company, a subsidiary of Hydrite Chemical Company, Milwaukee, has resulted in a proposed fine of $171,000 and workplace safety and health violations issued by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA), the agency announced today. OSHA opened an inspection in November 2004 at Solvox after receiving information that workers were assisting in the emergency response, neutralization and clean up of the spill without being provided proper personal protective equipment or training in emergency response. Muriatic acid is highly corrosive and may cause severe burns to all body tissue. OSHA issued three willful and four serious violations to Solvox, alleging that workers engaged in the clean-up were not provided appropriate personal protective equipment and were not properly trained in emergency response procedures. "Strong enforcement is a key part of OSHA's efforts to reduce workplace injuries and illnesses," said George Yoksas, OSHA's area director in Milwaukee. "The significant penalty of $171,000 in this case demonstrates our commitment to protecting the health and safety of America's workers." Solvox manufactures organic chemicals, polishes and sanitation goods, paints, varnishes, lacquers, enamels and allied products. Approximately 40 workers are employed at the Milwaukee facility. Willful violations are those committed with an intentional disregard or plain indifference to the requirements of the Occupational Safety and Health Act. 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 company has 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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Widespread Recordkeeping Violations Lead to $42,000 in OSHA Fines for Lockport, N.Y., Automotive Parts Plant

BUFFALO, N.Y. --
A Lockport, N.Y., automotive parts manufacturer's failure to keep proper records of hundreds of workplace injuries and illnesses has resulted in $42,000 in proposed penalties from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA). Delphi Thermal & Interior was cited for six alleged serious and other-than-serious violations of OSHA standards at its 200 Upper Mountain Rd. plant following an OSHA inspection begun Nov. 17, 2004, in response to a complaint about improper recordkeeping. OSHA's inspection identified 117 instances of unrecorded injuries or illnesses that resulted in days away from work or restricted duty for workers; 20 instances of unrecorded standard threshold shifts in employees' hearing; and 153 instances where injuries and illnesses were either not recorded at all or not recorded within seven days, as required. Among the unrecorded conditions were work-related sprains, strains, fractures, tendonitis, neck, shoulder, knee and back injuries. The inspection also found that 129 employees exposed to high noise levels did not receive a required annual audiogram and required training on noise hazards. "These are not simple 'paperwork' violations," said Art Dube, OSHA's Buffalo area director. "Widespread failure to properly record occupational illnesses and injuries is hazardous to workers. The lack of accurate data can mask patterns of injuries and illnesses that could help uncover conditions that can harm workers." Delphi Thermal & Interior has 15 business days from receipt of its citations to request and participate in an informal conference with the OSHA area director or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Buffalo Area Office, located at 5360 Genesee Street, Bowmansville, N.Y., telephone (716) 684-3891. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.

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