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OSHA News Release - (Archived) Table of Contents
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

DOL Logo OSHA News Release – Region 2

U.S. Department of Labor

Region 2 News Release:   NY 145
May 17, 1999
Contact: Chester J. Fultz
PHONE : 212-337-2319


The U. S. Labor Department's Occupational Safety and Health Administration has cited Frink America, Inc., of 205 Webb Street, Clayton, New York, and proposed penalties of $108,000 against the firm, for one alleged willful, forty-four alleged serious, and nine alleged other-than-serious violations of OSHA standards. The company has until June 7 to contest the citations.

According to Diane M. Brayden, OSHA area director, the action results from a comprehensive safety and health inspection of the facility conducted from November 17, 1998, through February 4, 1999, under OSHA's interim targeted inspection program which identifies high hazard industries for inspection based on their injury and illness rates.

OSHA cited the employer for not providing lockout/tagout procedures for machinery and not conducting lockout/tagout training, an alleged willful violation carrying a total proposed penalty of $44,000.

"This employer had previously been warned about the importance of establishing lockout/tagout procedures during an earlier safety and health consultation and yet continued to expose employees to the danger of improperly regulated machinery, fully knowing the risk to which workers were being exposed," said Patricia K. Clark, regional OSHA administrator. "This is a case of flagrant disregard for the safety and health of workers, and something which OSHA takes very seriously."

The company was also cited for forty-four alleged serious violations of OSHA regulations, including:

  • not developing and implementing a respiratory protection program.

  • not providing personal protective equipment and training to employees.

  • not properly storing flammable liquids.

  • not developing and implementing a hearing conservation program and not providing hearing protection to employees.

  • not confining spraying operations to appropriate spray booths and spray areas.

  • not properly guarding nip points, rotating and moving parts, and points of operation on machinery.

  • not providing adequate fall protection on platforms.

  • not properly maintaining overhead hoists.

  • not providing lockout/tagout devices.

  • not providing panel boards, switch boxes, and fittings on wire connectors with cover plates.

The alleged serious violations carry a total proposed penalty of $61,000.

OSHA also cited the firm for alleged other-than-serious violations, including:

  • not adequately labeling exit passageways.

  • not maintaining the required OSHA log of injuries and illnesses.

  • not maintaining eye wash stations.

  • not developing and implementing a hazard communication program, including providing employees with a list of hazardous chemicals in use at the facility and providing training to employees of proper procedures for dealing with hazardous substances.

A willful violation is defined by OSHA as one committed with an intentional disregard for, or plain indifference to, the requirements of the OSHA act and regulations. A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result. An other-than-serious violation is one that would probably not cause death or serious physical harm, but would have a direct and immediate relationship to the safety and heath of employees.

The investigation was conducted by OSHA's Syracuse area office, located at 3300 Vickery Road, North Syracuse, N. Y. Telephone: (315) 451-0808.

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This information will be made available to sensory impaired individuals upon request. Voice phone: (212) 337-2319; TDD phone: 800-347-8029; OASAM TDD message referral phone number: 800-326-2577.

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

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