Region 2 News Release: 12-472-NEW (osha 12-036)
April 2, 2012
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

US Labor Department's OSHA proposes $71,000 in fines to Atlanta-based
BWAY Corp. for safety, health hazards at Dayton, NJ, plastics facility

DAYTON, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited BWAY Corp., headquartered in Atlanta, Ga., for three repeat, three serious and two other-than-serious safety and health violations at the company's Dayton plastics manufacturing facility. Proposed penalties total $71,000 following an inspection initiated as part of OSHA's National Emphasis Program on Amputations.

The repeat violations, with $60,000 in penalties, include failing to develop lockout/tagout procedures for the energy sources of specific equipment, conduct and certify monthly crane hook inspections, and protect electrical live parts with approved enclosures. 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 2011 at a Macon, Ga., facility.

The serious violations with $11,000 in penalties were cited for failing to address noise hazards and ensure that lockout procedures of energy sources were in place to prevent amputation hazards. 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 other-than-serious violations, with no monetary penalties, include failing to notify employees of noise sampling results and evaluate powered industrial truck operators during a three-year period. 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.

"These violations put workers' lives at risk and could cause very serious injuries or possible death," said Patricia Jones, director of OSHA's Avenel Area Office. "Employers are legally responsible for ensuring a safe and healthful workplace."

BWAY Corp., which employs about 135 workers at the Dayton site, manufactures rigid metal, plastic and hybrid containers at multiple facilities throughout the U.S. The company has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Avenel office at 732-750-3270.

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.