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Region 5 News Release: 10-1277-CHI
Sept. 21, 2010
Contact: Rhonda Burke       Scott Allen
Phone: 312-353-6976       312-353-6976
Email: burke.rhonda@dol.gov       allen.scott@dol.gov

US Labor Department's OSHA fines Behr Dayton Thermal Products more
than $77,000 for failing to protect workers against electrical shock hazards

DAYTON, Ohio - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Behr Dayton Thermal Products LLC in Dayton with six serious and two repeat safety violations for failing to provide proper personal protective gear and lockout procedures for electrical equipment, resulting in a worker being injured. Proposed penalties total $77,500.

"Failing to properly shut down and lock out machinery and electrical equipment places workers at serious risk for injury and even death from electrical shock. Not requiring the use of appropriate personal protective gear while working on electrical equipment demonstrates a disregard for the safety and welfare of workers," said OSHA Area Director Richard Gilgrist in Cincinnati, Ohio. "There is no excuse for this type of complacency, and OSHA will do all it can to protect employees in the workplace."

OSHA's inspection, which was initiated in June, cited the company with serious violations for failing to provide fall protection, proper lockout procedures for machinery and electrical equipment and appropriate personal protective gear for employees working on electrical equipment. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.

Behr Dayton Thermal Products also received repeat violations for failing to properly shut down and lock out machinery prior to servicing and to provide proper training for workers conducting repairs on equipment. A repeat violation is issued when an employer previously was cited for the same or similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last three years. Five prior inspections resulted in 20 violations.

The company has 15 business days from receipt of its current citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-6742.

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 these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://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 http://www.dol.gov/compliance.


OSHA News Release - Table of Contents

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