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Region 2 BOS 2003-291/03-585-NEW
Wednesday, October 29, 2003
Contact: John M. Chavez
Phone: (617) 565-2075

Failing To Correct Previously-Cited Safety Hazards Leads To $120,000
In Proposed OSHA Penalties for Tonawanda, NY, Employer

BUFFALO, N.Y. -- As the result of its alleged failure to correct workplace safety hazards for which it was previously cited by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA), Chester Manufacturing Co. of 250 Sawyer Ave., Tonawanda, N.Y., has now been cited by OSHA for three "failure to abate" violations, which carry $120,000 in proposed penalties.

OSHA conducted an initial inspection of the company, which manufactures small metal parts for the automotive industry, beginning on July 22, 2002 in response to a complaint. In December 2002, the employer was issued citations alleging five serious violations of the regulation relating to the safe operation of mechanical power presses. The current action resulted from a follow up inspection conducted April 21, 2003 after the employer repeatedly failed to respond regarding any corrective action taken to ensure employees would not be injured by mechanical power presses.

"OSHA does not often have cause to issue 'failure to abate' citations," said Labor Secretary Elaine L. Chao, "but this employer's blatant disregard for the safety and health of its employees was particularly egregious and resulted in the proposed maximum penalty allowed under the law of $120,000."

Chester Manufacturing Co. has now been cited for the following alleged failure to abate violations:
  • Failing to install guards on 2-hand trip mechanisms on mechanical power presses to protect employees from unintended operations. ($30,000 proposed penalty)

  • Failing to incorporate anti-repeat feature on a full revolution mechanical power press in order to prevent double-cycling, which can cause finger amputation. ($30,000 proposed penalty)

  • Failing to establish and implement a regular press inspection schedule to ensure that mechanical power presses are in good working order with all required safeguards prior to use. ($60,000 proposed penalty)
OSHA issues a serious violation when there is a substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard. A failure to abate violation exists when an item of equipment or condition previously cited has never been brought into compliance and is noted at a later inspection.

This investigation was conducted by OSHA's Buffalo area office, at 5360 Genesee St., Bowmansville, N.Y. The telephone number is (716) 684-3891. The Occupational Safety and Health Administration is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit


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Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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