Region 4 News Release: 12-568-ATL (132)
April 12, 2012
Contact: Michael Wald Michael D'Aquino
Phone: 404-562-2078 404-562-2076
Email: wald.michael@dol.gov d'aquino.michael@dol.gov

US Department of Labor's OSHA cites Don Park USA in Conley, Ga.,
for safety and health violations; proposes more than $81,000 in fines
Follow-up inspection revealed same violations as in 2010 following worker fatality

CONLEY, Ga. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Don Park USA L.P. for 16 safety and health violations based on a follow-up inspection. OSHA found the same violations as during the original inspection, which was conducted after a fatality occurred at the company's Conley facility in October 2010. Proposed penalties for the latest violations total $81,180.

Four repeat safety violations and one repeat health violation involve failing to develop specific energy control procedures that are required to be used when employees perform equipment maintenance, protect employees from exposure to live electrical parts, ensure that employees wear appropriate safety glasses while cutting plasma, provide strain relief at the terminal end of the welding gun and have a properly working slide bolt on the inside of the emergency exit door. 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 facility in federal enforcement states within the last five years. The same violations were cited following OSHA's 2010 inspection.

Four serious safety violations include failing to cover a hole in the floor, train employees required to perform procedures involving the lockout/tagout of energy sources, conduct inspections of electrical equipment and properly install electrical equipment. Six serious health violations include using unrated flammable adhesives for electrical equipment, not guarding the lamp in the spray area from contact with flammable adhesives, allowing flammable adhesives to accumulate in the interior of the spray booth, failing to monitor methylene chloride exposure when employees use adhesive products and failing to train employees on the hazards of methylene chloride. 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.

One other-than-serious safety violation is failing to provide refresher training to employees on operating a powered industrial truck after an electrical outlet was struck by a forklift. 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.

"Don Park management repeatedly has demonstrated a disregard for employees' safety by failing to correct workplace hazards that previously were brought to its attention," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "Employers are responsible for ensuring that their employees have a safe and healthful work environment."

The 2010 fatality resulted from a crushing incident, in which the employee was killed by a large steel frame weighing approximately 1,550 pounds. Don Park was cited in relation to the incident for failing to exercise caution when moving heavy, unstable loads in a vertical position.

Conley-based Don Park performs sheet metal work for the custom fabrication of air conditioning ducts and air distribution systems. The company 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 Atlanta-East office at 770-493-6644.

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.