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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.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

08-1785-NEW/BOS 2008-362
Tues., Dec. 9, 2008
Contact: Ted Fitzgerald
Phone: : 617-565-2074


Tonawanda, N.Y., manufacturer faces additional $169,500 in penalties from U.S. Labor Department's OSHA for uncorrected hazards

BUFFALO, N.Y. -- The Wendt Corp., a Tonawanda, N.Y., manufacturer of automobile recycling equipment, faces an additional $169,500 in fines from the U.S. Department of Labor¿s Occupational Safety and Health Administration (OSHA) for failing to fully correct hazards cited during a prior OSHA inspection.

"The severity of these fines reflects both the seriousness of the cited conditions and the importance of correcting hazards completely and expeditiously," said Arthur Dube, OSHA¿s area director in Buffalo. "Uncorrected and unaddressed hazards pose an ongoing risk to employees¿ health and safety."

In April, OSHA cited the company for 15 serious violations of safety standards at its 2080 Military Road manufacturing plant and fined the company $13,500. The company paid the fine and agreed to correct all the cited hazards. However, a June follow-up inspection by OSHA found that seven of the cited items remained uncorrected.

Specifically, the company had not: established and implemented a respiratory protection program; provided appropriate respirator training and fit-testing for industrial painters required to wear respirators during spray painting operations; provided firefighting information for employees expected to fight incipient stage fires; provided screens or shields to protect employees working adjacent to welding operations; developed and implemented a hazard communication program; and provided hazard communication information and training to employees working with or exposed to welding fumes or hazardous chemicals.

As a result of these conditions, OSHA has issued Wendt Corp. seven failure to abate notices carrying $168,000 in proposed fines. OSHA also has issued the company one serious citation with a $1,500 fine for not medically evaluating employees¿ fitness to wear respirators. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

"One effective way that employers can address workplace hazards is to establish a safety and health management program through which employers and employees work together in a systematic and cooperative manner to evaluate, identify and eliminate hazardous conditions in their workplace," said Dube.

The company has 15 business days from receipt of the failure to abate notices and citation to meet with OSHA or to contest them before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA¿s Buffalo Area Office; telephone 716-551-3053.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA¿s role is to promote 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 www.osha.gov.


###


U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department 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

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.

Close