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Region 3 News Release: 05-181-PHI (osha 05-014)
February 9, 2005
Contact: Kate Dugan
Phone: (215) 861-5101


Failure To Correct Previously-Cited Hazards Results in $50,500 Penalty
Against Nitro, W.Va. Demolition Company

CHARLESTON, W.Va. -- A Nitro, W.Va., demolition company's continued failure to protect its workers against serious safety and health hazards has resulted in $50,500 in additional fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

Par Industrial Corporation was originally cited by OSHA in May 2004 for 27 serious violations of safety and health standards, fined a total of $6,300, and given until June 15 to correct the hazards. The company submitted inadequate abatement verification and was asked to submit additional information. In August, the company was performing work in Kopperston, W.Va., when OSHA received a complaint and a second inspection was initiated.

During that inspection OSHA found that most of the original violations had not been corrected. As a result, 10 failure to abate notices were issued with a proposed penalty of $50,500. An additional serious violation with a proposed penalty of $1,000 was issued because a truck crane was overloaded and tipped over.

"This employer was given ample time to put effective worker safeguards in place but did not do so," said Stanley Elliott, area director of the Charleston OSHA office. "It is inexcusable that a company would compound its initial failure to protect workers by refusing to honor its commitment to fix these hazards."

The hazards include lack of a respiratory assessment program for workers exposed to metal fumes during burning and cutting operations; no person on-site with valid first-aid training; lack of a written hazard communication program for employees exposed to diesel fuel and propane; and problems with flammable liquids, fire extinguishers, and first aid.

OSHA issues failure-to-abate notices when an employer had agreed to correct cited hazards and the agreement has become final, but a subsequent OSHA inspection finds that the hazards have not been corrected.

The company has 15 working days to comply with the citations, request an informal meeting with the OSHA area director, or contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Charleston office, (304) 347-5937.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.


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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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