Region 4 News Release: 13-1629-ATL (211)
Aug. 22, 2013
Contact: Michael D'Aquino Lindsay Williams
Phone: 404-562-2076 404-562-2078
Email: d'aquino.michael@dol.gov williams.lindsay.l@dol.gov

US Department of Labor's OSHA cites Georgia's Dayton Superior Corp. for
repeat, serious safety and health violations; more than $80,000 in fines

BRASELTON, Ga. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Dayton Superior Corp. for seven safety and health violations following an inspection at its manufacturing facility in Braselton. OSHA initiated the July inspection after receiving a complaint concerning workplace hazards. Proposed penalties total $80,025.

Two repeat safety violations, with $66,000 in penalties, involves the employer failing to provide machine guarding against in-going nip points on the press machine and on the point of operation on several pieces of equipment throughout the facility. A repeat violation exists when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. The company received a citation for these same violations in 2011.

The four serious safety and health violations, with $14,025 in penalties, include allowing the presses to have an opening greater than the maximum allowable width given the distance between the openings to the point of operation. The company also failed to protect workers against sparks; perform periodic inspections of the energy control procedures with authorized workers; and complete the required information on the confined space entry permit including the name of the attendant, method of communication between entrants and attendants, personal protective equipment and the equipment that needs to be locked out upon entry. 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 violation involves not maintaining a certification of inspection for the presses. No monetary penalty has been assessed. 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.

"Employers need to be proactive in identifying and removing workplace hazards rather than waiting for OSHA inspectors to address them," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "Employers are responsible for ensuring that their workers have a safe and healthful work environment."

Dayton Superior Corp. specializes in the design, manufacturing and distribution of concrete construction products. Corporate offices are in Miamisburg, Ohio. 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 or CD from the COAST office upon request by calling 216-893-7828 or TTY 216-893-7755.