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News Release USDL: 95-270
Friday, July 14, 1995
Contact: Deborah Page Crawford, (202) 219-8151

OSHA Cites New York Foundry For Alleged Safety And Health Violations; Proposes $603,600 Penalty

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations and proposed penalties of $603,600 against McWane Inc. doing business as Kennedy Valve of Elmira, N.Y., following an investigation into an accident in January that killed one employee.

Assistant Secretary of Labor Joseph A. Dear, who heads OSHA, said, "All employees should be able to come to work and perform their duties without fear of injury or death. Taking measures against clear dangers could have prevented this fatality.

"Proposed congressional actions for a 33 percent reduction in OSHA's enforcement budget will greatly affect our ability to fulfill our mission of assuring safe and healthful working conditions at Kennedy Valve and other U.S. workplaces," Dear said.

Kennedy Valve is a unionized iron foundry that manufactures cast iron valves and fire hydrants.

The citations against Kennedy Valve were issued for four alleged willful, 40 alleged serious, 24 alleged repeat and 16 alleged other-than-serious violations of OSHA standards. The company has 15 working days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA's Syracuse area office conducted a comprehensive safety and health inspection after an employee died as a result of an oven explosion Jan. 13.

A willful violation is defined by OSHA as one committed with an intentional disregard for, or plain indifference to, the requirements of the OSH Act and regulations.

A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result.

A repeat violation is defined as one where the employer has been cited for the same or substantially similar condition and the citation has become a final order. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm, but would have a direct and immediate relationship to the safety and/or health of employees.

Information on this news release will be made available to sensory impaired individuals upon request. Voice phone: (202) 219-8151.


Summary Of Citations And Penalties McWane, Inc. dBA Kennedy Valve Elmira, NY

Alleged willful violations

  • Using an oven for purposes other than intended, creating an explosion hazard

  • Overexposing employees to silica with no respiratory protection

  • Failing to train employees on specific chemical hazards

  • Allowing open flame heaters and unapproved electrical wiring for hazardous locations to be used inside a building where flammable liquids were stored

  • Proposed penalties totalled $235,000

Alleged serious violations

  • Overexposing employees to lead and cadmium

  • Using defective hoists and monorails as well as not inspecting lifting devices which are used to move heavy loads

  • Failing to provide sufficient equipment required to lockout machinery when being serviced or maintained and failing to provide specific lockout procedures for each type of equipment

  • Allowing deficiencies related to the safe use of dip tanks containing flammable liquids

  • Allowing numerous machines to be used unguarded

  • Exposing employees to a fire hazard by leaving flammable liquids uncovered and not providing sprinklers in paint spray booths

  • Proposed penalties totalled $140,000

Alleged repeat violations

  • Exposing employees to unguarded machinery, belts and pulleys

  • Failing to provide guardrails to prevent a fall

  • Failing to train employees on lockout/tagout procedures

  • Failing to develop and implement an emergency response plan to be used in case of an uncontrolled release of a hazardous chemical

  • Exposing employees to exposed live electrical parts

  • Proposed penalties totalled $225,600

Alleged other than serious violations

  • Failing to notify employees of lead and cadmium exposures

  • Using flexible cords as permanent wiring and flexible cables with splices

  • Proposed penalties totalled $3,000.

Grand total: $603,600


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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