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Region 2 News Release:   NY 102
January 4, 2000
Contact: Chester J. Fultz
PHONE: 212-337-2319

UTICA, NEW YORK MANUFACTURER OF ABRASIVES CITED BY OSHA FOR ALLEGED SERIOUS AND OTHER SAFETY VIOLATIONS; $33,475 IN PENALTIES PROPOSED

The U. S. Labor Department's Occupational Safety and Health Administration has cited Divine Brothers Company, of 200 Seward Avenue, Utica, New York, and proposed penalties of $33,475 against the firm, for twenty-eight alleged serious and seven alleged other than serious violations of OSHA standards. The company has until January 19 to contest the citations.

According to Diane Brayden, OSHA area director, the action results from an inspection of the facility conducted from August 12 to November 17, 1999. The company was also found to have an above average accident, injury and illness rate for the manufacturing industry of 19.5 incidents per 100 employees during 1997, and was therefore chosen for inspection under OSHA's targed inspection program. The average accident, injury and illness rate for the manufacturing industry is 4.8 incidents per 100 employees.

OSHA cited the employer for twenty-eight alleged serious violations, including;

  • failure to inspect and maintain a freight elevator.
  • failure to provide standard railings for open sided platforms and stairways.
  • failure to properly guard open sided platforms, floor hole openings, and stairways.
  • failure to provide a hearing conservation program.
  • failure to properly transfer flammable liquids through self-closing valves and provide covers for flammable liquid containers.
  • failure to provide lockout/tagout devices for machinery.
  • failure to remove a defective forklift from operation.
  • failure to properly inspect steel alloy chain slings.
  • failure to properly guard machinery.
  • failure to establish a written respiratory protection program.
  • failure to develop and implement confined space entry procedures for employees.

The alleged serious violations carry a total proposed penalty of $33,475.

The company was also cited for seven alleged other-than-serious violations, including:

  • failure to maintain a fully charged fire extinguisher.
  • failure to maintain the proper psi for compressed air used for cleaning purposes.
  • failure to provide fixed wiring instead of extension cords for equipment.
  • failure to assure the integrity of grounded conductors.

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 a hazardous condition that would probably not cause death or serious physical harm, but would have a direct and immediate relationship to the safety and health 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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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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