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Region 4 News Release: 10-1536-ATL (627)
Nov. 17, 2010
Contact: Michael D'Aquino       Michael Wald
E-mail: D'Aquino.Michael@dol.gov       Wald.Michael@dol.gov
Phone: 404-562-2076       404-562-2078

US Department of Labor's OSHA fines Macon, Ga., plating company more
than $300,000 for exposing workers to hazardous chemicals

MACON, Ga. — The U.S. Department of Labor's Occupational Safety and Health Administration is proposing $300,400 in penalties against Aerospace/Defense Coatings of Georgia Inc. in Macon for 19 health violations.

OSHA began its inspection in May after receiving a complaint concerning personal protective equipment and the handling, storing and disposing of chemicals. Inspections were conducted at all three Aerospace/Defense Coatings of Georgia plants and followed up on violations from 2005 and 2008.

The company is being cited with four alleged willful violations with a proposed penalty of $224,000. The violations are associated with respirator protection, chromium (VI) overexposure, personal protective equipment and failing to perform periodic monitoring of chromium (VI) exposure. The agency defines a willful violation as one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

The citations also include eight alleged repeat violations with a proposed penalty of $50,400. The violations are related to hazardous waste, emergency response, written programs, personal protective equipment for acids, failing to provide employee information and training, and respirator training and storage. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Also, there are seven alleged serious violations with a proposed penalty of $26,000. The violations include failing to train employees to respond to hazardous waste emergencies, failing to post the results of chromium (VI) levels that were above the permissible exposure limit in an accessible location, failing to establish a regulated area where employees' exposure to airborne concentrations was in excess of the permissible exposure limit, failing to provide a change area to prevent cross-contamination, failing to ensure surfaces contaminated with chemicals were cleaned, failing to institute a medical surveillance program, and not providing information and training for employees exposed to chromium (VI). A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"The employer had ample information alerting him to the hazards posed by hexavalent chromium, yet allowed his employees to continue to be exposed," said Bill Fulcher, director of OSHA's Atlanta-East Area Office. "OSHA will not tolerate this type of inaction."

The company has 15 business days from receipt of the citations and proposed 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. The site was inspected by staff from OSHA's Atlanta-East Area Office, 2183 Northlake Parkway, Building 7, Suite 110, Tucker, GA 30084; telephone 770-493-6644. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (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.


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