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OSHA News Release
Region 5

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Region 5 News Release: 11-1475-CHI
Nov. 2, 2011
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-4807


US Department of Labor's OSHA cites Neman Painting & Sandblasting
in Waukesha, Wis., for 42 violations, including respirator hazards

WAUKESHA, Wis. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Neman Painting & Sandblasting LLC in Waukesha for 42 safety and health violations. The company, which specializes in blasting, preparing and painting metal parts, faces total proposed fines of $50,140.

"This company has a responsibility to ensure that its workers are safeguarded from hazards associated with blasting and painting metal operations by providing hearing and respiratory protection, as well as following all relevant OSHA standards," said George Yoksas, OSHA's area director in Milwaukee. "Employers must know the hazards that exist at their facilities and then take appropriate measures to protect workers' health and safety."

Four repeat health violations involve hazards that the company was cited for in 2007, including failing to write and implement a respirator program for employees using respirators for preparation, painting and blasting operations; perform medical evaluations for employees using respirators; develop and implement a hazard communication program; and properly label containers containing hazardous chemicals. 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.

Eight serious safety violations involve failing to provide machine guarding, provide adequate guardrails, develop a lockout/tagout program for energy sources, train workers on lockout/tagout procedures, develop machine-specific energy control procedures, and train forklift drivers. Six serious health violations involve failing to provide a hearing conservation program, train workers on a hazard communication program, correct broken light panels on the spray booth, repair a damaged emergency eye wash station and ensure adequate air flow in the paint booth. 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.

Nine other-than-serious health violations involve failing to maintain employee monitoring records, and to perform and document a personal protective equipment hazard assessment, as well as allowing aluminum oxide dust to accumulate, which created a slipping hazard. Fifteen other-than-serious safety violations involve failing to maintain sanitary and clean conditions, provide several floor rating signs, replace burned-out exit signs, make modifications to forklifts with the manufacturer's approval and annually inspect fire extinguishers and train workers on their use. 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 injury.

Neman Painting & Sandblasting 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 Milwaukee Area Office at 414-297-3315.

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

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