Region 7 News Release 10-1271-KAN
Sept. 16, 2010
Contact: Rich Kulczewski
Phone: 303-844-1302
Email: kulczewski.richard@dol.gov

US Department of Labor's OSHA cites Porta-King Building Systems
$124,000 for serious and willful safety and health violations

ST. LOUIS - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Porta-King Building Systems in Montgomery City, Mo., for workplace safety and health violations. Proposed penalties total $124,000.

An OSHA inspection, initiated in response to a complaint, revealed two alleged willful and six alleged serious violations of the Occupational Safety and Health Act. The willful violations address hazards associated with spray painting outside of a predetermined, designated spray booth, and the use of powered industrial truck fork extensions without manufacturer notification, approval and determination of lifting capacity. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations address hazards associated with storage of flammable liquids, improper training for and use of powered industrial trucks, the lack of an appropriate respiratory protection program and the lack of a chemical material safety data sheet. OSHA issues a serious violation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

"Our inspection revealed safety hazards associated with the improper use of powered industrial trucks and exposing workers to potential health hazards by failing to provide an appropriate respiratory protection program," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment."

Porta-King Building Systems has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in St. Louis or contest the findings before the independent Occupational Safety and Health Review Commission. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-6742.

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 assure 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 releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.