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Region 2 News Release: 14-877-NEW/BOS 2014-078
May 30, 2014
Contact:Ted Fitzgerald     Andre J. Bowser
Phone: 617-565-2075     617-565-2074
Email: fitzgerald.edmund@dol.gov     Bowser.andre.j@dol.gov

Tire retreader faces $160,280 in US Department of Labor OSHA fines for
failing to correct cited hazards
Employees at American Made Tires face fire, mechanical and electrical hazards

SYRACUSE, N.Y. – American Made Tires, an Elmira Heights, tire retreader, failed to correct 12 hazards cited during a 2013 inspection by the U.S. Department of Labor's Occupational Safety and Health Administration. Because of that inaction, and the discovery of new and recurring hazards during a follow-up OSHA inspection, the company faces an additional $160,280 in proposed fines.

"The company's inaction exposed employees to ongoing hazards of fire, falls, chemicals and to being caught in or crushed by unguarded or unexpectedly activated machinery," said Christopher Adams, OSHA's area director in Syracuse. "The sizable penalties proposed reflect the severity of these conditions and the employer's failure to follow through on its obligation and commitment to correct hazards that never should have existed."

OSHA's Syracuse Area Office initially cited the company for 16 serious violations of workplace safety standards in July 2013, following an inspection conducted between March and July 2013. American Made Tires agreed to correct the cited hazards and pay the required fine of $20,100. When the company failed to submit proof that it had corrected the hazards, OSHA opened a follow-up inspection in November 2013.

The new inspection found ongoing hazards, including improperly constructed flammable adhesive spray booths located within 20 feet of spark-producing equipment; failure to implement lockout/tagout procedures to protect workers who service or maintain machines; lack of machine guarding for a tire buffer machine; and lack of a communications program and training for employees working with hazardous chemicals.

Because of these uncorrected hazards, OSHA issued American Made Tire 12 failure-to-abate notices, carrying $144,000 in fines. A failure-to-abate notice applies to a condition, hazard or practice for which the employer was originally cited, and upon reinspection, was found uncorrected.

Three repeat violations were cited for hazards similar to those cited in the earlier inspection. These included use of hazardous electrical equipment, accumulation of combustible dust and use of a spark-producing grinder in a flammable area. These violations carry $14,080 in fines.

Finally, one serious citation, with a $2,200 fine, was issued for use of a portable electric lamp in a spraying area during operations. A serious violation occurs 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 failure-to-abate notices and citations can be viewed at http://www.osha.gov/ooc/citations/American_Made_Tire_896494_May_21_14.pdf* and http://www.osha.gov/ooc/citations/American_Made_Tires_950323_May_21_14.pdf*.

American Made Tires has 15 business days from receipt of its failure-to-abate notices, citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings 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 Syracuse Area Office at 315-451-0808.

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 department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).


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


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