Region 2 News Release: 13-2222-NEW (osha 13-115)
Dec. 4, 2013
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: : uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

New Jersey pyrotechnics company cited for 12 safety violations by
US Labor Department's OSHA; agency proposes $48,300 penalty

MILLINGTON, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited pyrotechnics manufacturer and fireworks display firm Garden State Fireworks for 12 safety violations at the company's 383 Carlton Road facility in Millington. OSHA's inspection began in May under its Process Safety Management Covered Chemical Facilities National Emphasis Program, and it resulted in $48,300 in proposed fines.

Eleven serious violations included the employer's failure to:

• Compile process safety information on the dangers of highly hazardous chemicals, technology and equipment.
• Keep records showing employee training.
• Provide effective training to employees required to use respirators and chemicals.
• Establish and implement written procedures to maintain the integrity of process equipment.
• Provide a written respiratory program.
• Provide a medical evaluation for workers required to use respirators.
• Develop and implement a written hazard communication program, plan of action regarding the implementation of employee participation, and operating procedures for conducting activities safely in each covered process.
• Perform an initial process hazard analysis and perform inspections and tests on process equipment to maintain mechanical integrity.
• Properly guard a radial saw.
• Develop an emergency plan for the plant and ensure exits discharged directly outside or to a street.
• Fit test workers required to use a tight-fitting facepiece respirator.

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.

"Ensuring that proper safety precautions are in place is crucial for workers who handle pyrotechnics," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for keeping everyone safe on the job and taking appropriate measures to protect workers from serious injuries or death."

One other-than-serious violation, which carried no penalty, was for failure to provide Appendix D training to workers wearing respirators on a voluntary basis. 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.

OSHA's pyrotechnics directive, known as the Compliance Policy for Manufacture, Storage, Sale, Handling, Use and Display of Pyrotechnics, provides inspection guidance and OSHA requirements as they apply to pyrotechnics facilities and operations. The directive is available at http://www.osha.gov/OshDoc/Directive_pdf/CPL_02-01-053.pdf*.

Garden State Fireworks has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Parsippany, 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 Parsippany Area Office at 973-263-1003.

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.

* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.