Region 5 News Release: 13-2045-CHI
Oct. 29, 2013
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

Frost Tile and Marble Co. faces $136,400 OSHA penalty for failing to abate
previous safety violations at Norton, Ohio, tile manufacturing plant

NORTON, Ohio – Frost Tile and Marble Co. has been cited for $136,400 in penalties by the U.S. Department of Labor's Occupational Safety and Health Administration for 10 health and safety violations at its Norton tile manufacturing facility. The company failed to abate eight violations cited in 2012, including not implementing engineering controls to prevent exposure to respirable dust containing silica in excess of permissible limits.

"Failure to correct previous discrepancies shows a lack of commitment to worker safety and health," said OSHA Area Director Howard Eberts in Cleveland. "Companies must be aware of the hazards in their facilities and take precautions to prevent workers from being exposed to hazardous conditions and materials."

As a follow-up to a September 2012 inspection at the facility, OSHA began its inspection in April and found eight failure-to-abate violations that were cited previously.

Those violations involve failing to protect workers from exposure to respirable dust containing silica in excess of permissible limits, implement engineering controls to achieve compliance with exposure limits and develop a respiratory protection program. Other violations include failing to verify that the required workplace hazard assessment was performed and certified; establish an energy control program; provide training on personal protective equipment and fire extinguisher use; and provide workers with information on hazardous chemicals in the workplace. Several electrical safe work practice violations involve failing to mark electrical equipment with ratings, voltage and wattage; use of nonweatherproof enclosures on switches installed in wet locations; and using portable electrical equipment and cords in areas where workers are likely to contact water or conductive liquids.

A failure-to-abate notice applies to a condition, hazard or practice found upon reinspection that the employer was originally cited for and was not corrected.

The company was also cited for two serious violations, including failing to provide appropriate respirators and to provide individual exposure records to a worker and their designated representative. 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.

The current citations can be viewed at http://www.osha.gov/ooc/citations/Frost_Tile_and_Marble_Co_900993_1011_13.pdf*.

Frost Tile and Marble Co. has 15 business days from receipt of its current 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 216-447-4194. 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.