US Dept of Labor

Occupational Safety & Health AdministrationWe Can Help

OSHA News Release - (Archived) Table of Contents
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.
Trade News Release Banner Image

Region 2 News Release:    07-335-NEW (osha 07-030)
March 5, 2007
Contact: Leni Uddyback-Fortson
Phone: (215) 861-5102

U. S. Labor Department's OSHA Cites Kearny, N.J. Company for Failure to Correct Workplace Hazards

KEARNY, N.J. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Radial International Corp., doing business as Radial Casting Corp., for alleged safety and health violations, and is proposing penalties totaling $167,700.

OSHA initiated its investigation of the Kearny brass foundry and aluminum die casting operation, which employs 23 people, on Aug. 24, 2006, as a follow-up to an earlier inspection when the company did not verify that previously cited hazards had been abated. The company has been cited with 11 failure to abate notices proposing $134,000 in penalties; five repeat violations proposing $3,600 in penalties; one willful violation proposing $27,500 in penalties; and two serious violations proposing $2,600 in penalties.

"Radial Casting Corp.'s refusal to address these violations continues to put the safety and health of employees on the site at risk," said Phil Peist, director of OSHA's area office in Parsippany, N.J.

A failure to abate condition exists when the employer has not corrected a violation for which a citation has been issued and the abatement date has passed. The company received the failure to abate notices because it failed to develop an energy control program, adequately train employees, maintain OSHA injury and illness logs for three years, provide personal protective equipment to employees exposed to molten metal, maintain surfaces free of accumulations of lead, and implement a written hazard communication program.

A violation is designated as repeat when a similar citation for the same hazard was issued in the previous three years. Repeat violations include the company's deficient hearing conservation program, deficient respiratory protection program, failure to provide medical evaluations, and failure to ensure that exit routes were free and unobstructed.

OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. A willful violation was issued as a result of the company's deficient hearing conservation program.

Serious violations are issued when there is substantial probability that death or serious injury could occur from a hazard about which the employer knew or should have known. Serious violations include electrical hazards and a lack of engineering controls when employees were overexposed to noise.

Radial Casting Corp. has 15 working days from receipt of the citations to appeal them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by the OSHA area office in Parsippany, 299 Cherry Hill Road, Suite 103, phone (973) 263-1003.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


U.S. Labor Department (DOL) releases are accessible on the Internet at 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) 693-7765 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
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

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.