Region 2 News Release: 13-948-NEW/BOS 2013-072
May 23, 2013
Contact: Ted Fitzgerald Andre Bowser
Phone: 617-565-2075 617-565-2074
Email: fitzgerald.edmund@dol.gov bowser.andre.j@dol.gov

Queensbury, NY, wood shavings manufacturer faces $233,870 in fines for
combustible dust, confined space, chemical, mechanical, electrical hazards
RWS Manufacturing Inc. cited by US Labor Department's OSHA after complaint

ALBANY, N.Y. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited RWS Manufacturing Inc. for a total of 28 alleged willful, repeat and serious violations of workplace safety and health standards at its Queensbury manufacturing plant. The company, which makes wood shavings for animal bedding, faces a total of $233,870 in proposed fines.

"The sizable penalties proposed here reflect the breadth and severity of the hazardous conditions found at this plant. Left uncorrected, they exposed workers to the dangers of fires and explosions, engulfment, toxic or oxygen-deficient atmospheres, hearing loss, struck-by injuries, amputation, electrocution, and hazardous chemicals," said Kimberly Castillon, OSHA's area director in Albany. "The fact that a catastrophic incident has not occurred does not absolve this employer of its responsibility to reduce and prevent risk and eliminate hazards that could injure or kill its workers."

Inspections by OSHA's Albany Area Office, begun in November 2012 in response to a complaint, found hazardous accumulations of explosive, combustible wood dust on structural supports, pipes, fixtures, ductwork, equipment and floors. Furthermore, workers were allowed to smoke in areas where excessive wood dust and wood shavings were present and the plant's dust collection system lacked a fully enclosed motor and grounded or bonded ductwork. The accumulation of wood shavings, as deep as 1 foot in some locations, also posed a fall and slipping hazard.

In addition, the plant did not develop and implement a confined space entry program and provide training, warning signs and retrieval systems to protect workers in confined spaces; workers exposed to excessive noise levels were not provided a hearing conservation program, training, a choice of hearing protection and audiometric testing; respirator users were not provided necessary information; there was a lack of information and training on hazardous chemicals; powered industrial trucks were not inspected and/or were operated by untrained operators; and required guarding and fire watches were not used and maintained when welding near flammable wood shavings. Additional hazards include unguarded moving machine parts, exposed live electrical parts, ungrounded equipment and improperly stored oxygen cylinders.

In total, RWS was issued two willful citations with $107,800 in fines, 25 serious citations with $118,370 in fines and one repeat citation with a $7,700 fine for these hazards. The citations can be viewed online at http://www.osha.gov/ooc/citations/RWS_H.pdf and http://www.osha.gov/ooc/citations/RWS_S.pdf.

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. 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. 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.

"To prevent hazards such as these from occurring in the first place, employers should institute and maintain an effective illness and injury prevention program in which workers and managers work together to identify and eliminate hazards that can injure or sicken workers," said Robert Kulick, OSHA's regional administrator in New York.

Combustible dust is made up of fine particles that present an explosion hazard when suspended in air under certain conditions. A dust explosion can be catastrophic and cause employee deaths, injuries and destruction of entire buildings. Detailed information on combustible dust hazards and safeguards is available at http://www.osha.gov/dsg/combustibledust/index.html.

RWS Manufacturing has 15 business days from receipt of the citations to comply, meet 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 Albany Area Office at 518-464-4338.

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 or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

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