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Region 2 News Release:     05-2374-NEW/BOS 2005-360
Tuesday, December 27, 2005
Contact: Ted Fitzgerald
Phone: (617) 565-2074


Bronx Metal Fabricator Faces Additional $115,050 in OSHA Fines

BRONX, N.Y. -- Bronx-based A & L Sheet Metal Fabrications Corp. has been cited by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA) for four instances of failing to correct hazards cited during a 2004 OSHA inspection, as well as five new alleged repeat and serious violations of workplace health standards. The manufacturer of steel and aluminum products faces a total of $115,050 in new fines.

The company was first cited by OSHA in February and fined $7,000 for a variety of hazards. When the company failed to submit proof it had abated the cited hazards, OSHA began a follow-up inspection June 21 to verify that they had been corrected.

The new inspection found several uncorrected or inadequately corrected hazards. These included lack of audiometric testing for employees exposed to excess noise levels; lack of suitable emergency eyewash for employees working with corrosive chemicals; lack of a Class D fire extinguisher; and failure to develop and implement a hazard communication program, train employees, label containers and have material safety data sheets. These conditions resulted in four "failure to abate notices" carrying $101,250 in proposed fines.

"Employers cannot ignore OSHA citations," said Diana Cortez, OSHA's Tarrytown area director. "Failure to correct these hazards left workers exposed to hearing loss, eye damage, burns and hazardous chemicals."

OSHA's latest inspection also resulted in four repeat citations, with $11,400 in proposed fines, for unguarded moving machine parts; excess air pressure in a compressed air cleaning hose; improper storage of oxygen and acetylene cylinders; and allowing metal and/or chromium dust to accumulate on work surfaces, a refrigerator and a microwave oven. Finally, fines totaling $2,400 were proposed for two serious citations involving lack of noise training and unguarded fan blades.

OSHA issues a failure to abate citation when an employer has agreed to correct a previously cited hazard, then fails to do so. A repeat citation is issued when OSHA finds a hazard similar to one found on a prior inspection and the earlier citation has become final. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.

The company has 15 working days from receipt of its citations and proposed penalties to comply with them, request and participate in an informal conference with the OSHA area director, or contest them before the independent Occupational Safety and Health Review Commission. OSHA's Tarrytown area office, which conducted the inspection, can be reached at (914) 524-7510.

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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U.S. Labor Department releases are accessible on the Internet at 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. Call (202) 693-7773 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 www.dol.gov/compliance.


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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