Region 5 News Release: 13-1745-CHI
Sept. 5, 2013
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA cites E.L. Mustee & Sons in
Cleveland for failing to correct violations; proposes $63,490 in fines

CLEVELAND – E.L. Mustee & Sons Inc. has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for five violations at its manufacturing facility in Cleveland. Proposed fines total $63,490. The violations include a failure-to-abate violation for not developing an inspection program for mechanical power presses. In March 2012, a citation was issued for the same violation.

"E.L. Mustee & Sons has a responsibility to protect its workers, ensuring they are properly trained to prevent injuries from the unintentional operation of machinery. The company must ensure that equipment, such as mechanical power presses, is properly maintained," said Howard Eberts, OSHA's area director in Cleveland. "Employers, who are cited for repeat and failure-to-abate violations, demonstrate a lack of commitment to worker safety and health."

The March follow-up inspection found that the company failed to abate a violation cited in March 2012. The inspection found that the company failed to develop a program for regular and periodic inspections of power presses and to train workers to maintain the presses properly. In addition, the company did not provide OSHA with the required abatement documentation for the citations.

The follow-up inspection also found two repeat violations for failing to develop and implement a written confined space entry program and develop specific procedures for isolating and controlling hazardous energy. 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. Similar violations were cited in March 2012.

The company was cited for two serious violations, including failing to develop written die-setting procedures for the company's mechanical presses and to develop a written hazard communication program to provide workers with information and training about hazardous chemicals in the workplace. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

E.L. Mustee & Sons, which operates three facilities in Cleveland, specializes in the manufacturing of Fiberglas bathroom shower stalls, bathtubs, floors, laundry tubs and utility sinks. The company has 15 business days from receipt of its citations and penalties to comply, request an informal 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 Cleveland Area Office at 216-615-4266.

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.