OSHA News Release - (Archived) Table of Contents|
Region 4 News Release
Release Number: 04-612-ATL
Tues., April 13, 2004
Contact: Les Grove   Jo Anne Burgoyne
Phone: (813) 626-1177   (404) 562-2076
Agency Proposes Penalties Totaling More Than $86,000
JACKSONVILLE, Fla. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Diversified Container Services Inc. following an Oct. 29 inspection of the container refurbishing facility. The agency is proposing $86,250 in total penalties.
OSHA issued three willful violations to the Jacksonville company, with $82,500 in proposed penalties, for allegedly failing to require the use of fall protection equipment by employees painting the top of shipping containers that were nine feet above a concrete floor; failing to perform mandated hearing testing for employees exposed to noise levels above the permissible exposure limit; and failing to perform medical evaluations for employees required to wear respirators.
"This company knowingly put employees at risk", said James D. Borders, OSHA's Jacksonville area director. "It had safety and health programs on paper but not in practice."
The agency also issued three serious violations, with $3,750 in proposed penalties, alleging that the company failed to have a qualified respirator program administrator; failed to properly repair respirators; and failed to assure that employees were correctly fitted with the respirators that they used.
OSHA issues a willful citation when an employer has shown intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew or should have known of the hazard.
The company has 15 working days to contest the OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The worksite inspection was conducted by staff from OSHA's Jacksonville area office, located in the Ribault Building, 1851 Executive Center Drive, Room 227; phone: (904) 232-2895.
The Labor Department's Occupational Safety and Health Administration is dedicated to saving lives and promoting the health and safety of America's workers. In fiscal year 2002, the most recent year for which data have been published, there was a 6.6 percent decline in work-related fatalities in the United States. For more information visit www.osha.gov.
U.S. Labor Department releases are accessible on the Internet at <http://www.dol.gov>. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor 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>.
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