Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

Department of Labor Logo
OSHA News Release
Region 2

Please note: As of January 20, 2021, information in some news releases may be out of date or not reflect current policies.
Region 2 News Release: 07-333-NEW/BOS 2007-055
March 7, 2007
Contact: Ted Fitzgerald
Phone: (617) 565-2074

U.S. Labor Department's OSHA Fines Erie County Manufacturer Following Hydrochloric Acid Spill

BUFFALO, N.Y. -- A North Collins, N.Y., manufacturer of consumer cleaning products faces a total of $272,900 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for a variety of alleged health and safety hazards following a Sept. 7, 2006, hydrochloric acid spill. Crescent Marketing Inc., doing business as Crescent Manufacturing, was cited for a total of 39 alleged violations of health and safety standards and for failing to correct a hazard cited in a previous OSHA inspection.

"Our inspections found serious deficiencies in the company's emergency response program, including an incomplete emergency response plan, untrained responders, lack of respirator procedures and absence of medical consultations for employees who showed signs of possible exposure to hazardous substances," said Art Dube, OSHA's area director in Buffalo. "In addition, we identified a range of other hazards at the plant including conditions that had been cited in earlier OSHA inspections."

The company was issued three willful citations, carrying $148,500 in proposed fines, for failing to provide medical evaluations, fit-testing and training to employees on respirator use. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, requirements of the Occupational Safety and Health Act. Seven repeat citations, with $40,400 in proposed fines, were issued for lack of hand protection, eyewash facilities and hazard communication training for employees working with hazardous substances; lack of hazardous energy control procedures and training; and electrical hazards. OSHA cited Crescent Manufacturing for similar hazards in 2004 and 2006.

Forty-one serious violations, with $58,000 in proposed fines, were issued for the emergency response deficiencies as well as for hazards involving blocked aisles, obstructed exit access, unsecured materials and equipment, powered industrial trucks, machine guarding, compressed gas storage and additional electrical hazards. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

The company was fined an additional $24,000 for failing to correct a specific hazard cited in a previous OSHA inspection. Although it had agreed, following a 2006 OSHA inspection, to provide quick drenching shower facilities in the facility's "clean room," these were not provided.

One other than serious citation, with a $2,000 proposed fine, was issued for incomplete recording of work-related injuries and illnesses.

The company has 15 business days from receipt of the citations to request and participate in an informal conference with OSHA's area director in Buffalo or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Buffalo Area Office, telephone (716) 551-3053.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


U.S. Labor Department releases are accessible on the Internet at The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit