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OSHA News Release
Region 5

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Region 5 News Release: 11-1633-CHI
Nov. 15, 2011
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-4807


US Department of Labor's OSHA cites Legend Tube and Metal Sales
in Cleveland for 21 safety violations after cranes struck workers

CLEVELAND – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Legend Tube and Metal Sales Inc. in Cleveland for 21 safety (including three willful) and health violations for operating unsafe cranes that struck and injured two workers at the steel service center. The company faces proposed fines of $157,200.

"Legend Tube and Metal Sales has a responsibility to ensure that its workers are protected from hazards associated with crane operations and to comply with relevant OSHA standards," said Howard Eberts, OSHA's area director in Cleveland. "Employers must be aware of the hazards that exist at their facilities and take appropriate measures to protect workers' health and safety."

An investigation was initiated after OSHA received complaints that two workers had been struck by overhead cranes at the facility, one on May 9 and another on May 10. The three willful safety violations, with proposed penalties of $126,000, were cited for operating a 20-ton, cab-operated crane and a 5-ton, floor-operated crane with the hoist blocks and hooks stuck in position approximately 6 feet off the ground, causing a "struck-by" hazard for workers; failing to establish a preventive maintenance program for the company's eight cranes; and failing to have a gong or other effective warning signal on a 20-ton, cab-operated crane. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee safety and health.

Eleven serious safety violations, with proposed fines of $29,400, were cited for failing to provide machine guarding on the horizontal band saw and radial arm saw, failing to develop an energy control program, using defective and worn slings throughout the facility, permitting various electrical violations to exist and using electrical equipment in need of repair. 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.

Seven other-than-serious health violations, with proposed fines of $1,800, were cited for failing to record workplace injuries and illnesses on the OSHA 300 log, including the incidents that occurred on May 9 and 10; failing to maintain fire extinguishers; exposing electrical equipment to water from a leaking roof; and failing to provide sufficient space around electrical equipment. 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.

The citations can be viewed at*.

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


U.S. Department of Labor news materials are accessible at 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 documents.