Region 4 News Release: 12-155-ATL (053)
Feb. 15, 2012
Contact: Michael D'Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
Email: d'aquino.michael@dol.gov wald.michael@dol.gov

Mississippi lumber company cited by US Department of Labor's OSHA for
combustible dust and other hazards; more than $103,000 proposed in fines

JACKSON, Miss. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Franklin Lumber Co. in Bude for 22 safety violations. OSHA initiated its inspection as part of the agency's national emphasis program to reduce employees' exposure to combustible dust hazards. Proposed penalties total $103,356.

Sixteen serious violations involve management's failure to prevent accumulations of combustible dust; provide guardrails around equipment; remove defective industrial trucks from service; and provide proper machine guards. 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.

"There is no need to expose employees to combustible dust and other hazards we found at this plant. Employees deserve to work in a safe and healthy environment, and management needs to take responsibility for correcting these hazards," said Clyde Payne, director of the agency's Jackson Area Office.

Four repeat violations include failing to cover live electrical parts, use permanent wiring instead of flexible cords, properly label hazardous chemicals and provide machine guards for pulleys. Similar violations were cited in 2008 as part of a fatality-related plant inspection. 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.

Two other-than-serious violations with no monetary penalties include failing to provide covers on electrical pull and junction boxes, and to obtain and provide material safety data sheets for hazardous chemicals at the plant. 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.

The citations can be viewed at http://www.osha.gov/ooc/citations/FranklinLumberCo_315303891_0214_2012.pdf*

Franklin Lumber is a division of Cortez Byrd L.P., which is located in Brookhaven. The employer has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings 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 Jackson office at 601-965-4606.

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.