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Region 2 News Release: 13-504-NEW (osha 13-030)
March 27, 2013
Contact: Leni FortsonJoanna Hawkins   Joanna Hawkins
Phone: 215-861-5102   215-861-5101
Email: uddyback-fortson.lenore@dol.gov    hawkins.joanna@dol.gov

US Labor Department's OSHA fines Lakewood, NJ, manufacturer nearly
$185,000 for exposing workers to chemical, other hazards

LAKEWOOD, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited eSmoke LLC, an electronic cigarette manufacturer based in Lakewood, with 20 workplace safety and health violations. OSHA's inspection was prompted by a complaint alleging serious safety and health hazards throughout the facility, resulting in $184,500 in proposed penalties.

"Each of these hazards has the potential to cause serious injury and must be abated as soon as possible," said Paula Dixon-Roderick, director of the OSHA Marlton Area Office. "We want to ensure that workers can go home healthy at the end of every workday."

Two willful violations, with a $112,500 penalty, include not providing and enforcing the use of protective gloves when workers handle products containing nicotine and eye protection when handling corrosive chemicals and concentrated nicotine. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Sixteen serious violations, carrying $72,000 in penalties, include failing to select and require appropriate hand protection for workers exposed to toxic chemicals, prohibit food consumption in toxic-exposed work areas and mount a portable fire extinguisher and train workers on its usage. The company also lacked a written hazard communication program and training; proper labels for containers filled with liquid nicotine; material safety data sheets for the products manufactured; directional signs indicating the exit pathway; markings for non-exit doors; securely anchored drill presses; power strips to supply electric power to multiple devices; and flexible cords as a substitute for fixed wiring. Additionally, exit passageways and electrical panels were blocked. A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

Two other-than-serious violations, carrying no penalty, were also cited for not providing eye protection to workers exposed to liquid chemicals and an insufficient number of bathrooms. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"One means of eliminating hazards, such as these, is for employers to establish an injury and illness prevention program in which workers and management can continually identify and eliminate hazardous conditions," said Robert D. Kulick, OSHA's regional administrator in New York.

The citations can be viewed at http://www.osha.gov/ooc/citations/ESmoke-655718.pdf* and http://www.osha.gov/ooc/citations/ESmoke-653398.pdf*.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Marlton, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Marlton Area Office at 856-596-5200.

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 ensure 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 news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.


* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.


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