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MIOSHA Fines Hastings Manufacturing Company $118,750 For Failure To Protect Employees
01 Jul, 2010 WorkersCompensation.com
Lansing, MI (CompNewsNetwork) - Michigan Department of Energy, Labor & Economic Growth (DELEG) Director Stanley "Skip" Pruss today announced the Michigan Occupational Safety and Health Administration (MIOSHA) has cited Hastings Manufacturing Company, LLC, of Hastings, with $118,750 in proposed penalties for allegedly failing to adequately protect employees from serious health and safety hazards.
"The conditions found during the MIOSHA inspection were very serious. It is imperative that Hastings Manufacturing Company correct the serious health hazards which are endangering their employees," said DELEG Director Pruss. "They must fulfill their obligations under the MIOSH Act and provide a safe and healthy work environment for their employees."
The MIOSHA General Industry Safety and Health Division (GISHD) conducted a planned, joint safety and health inspection at Hastings Manufacturing Company, LLC, in Hastings. The company designs and manufactures piston rings for the engine manufacturing and remanufacturing industries and employs about 185 workers. The Hastings location is considered a high-hazard facility, based on the type of work being performed. The current owners acquired the company in 2005.
On January 5, 2010, a GISHD health compliance officer began a health inspection at the company. The inspection identified numerous violations of the following MIOSHA standards: hexavalent chromium, dipping and coating operations, asbestos, formaldehyde, and noise. The most serious violations involved employee overexposures to highly hazardous air contaminants. The health inspection identified seven Willful Serious, four Serious, and three Willful Other-than-Serious violations, with a total penalty of $115,000.
Exposures to hexavalent chromium can occur among workers handling pigments, spray paints and coatings containing chromates, operating chrome plating baths, and welding or cutting metals containing chromium, such as stainless steel. Workers breathing hexavalent chromium compounds in high concentrations over extended periods of time may risk developing lung cancer, irritation or damage to the eyes and skin, and an allergic reaction that can result in occupational asthma.
Failure to maintain deteriorated asbestos products, as well as improper removal and/or disturbance of asbestos, can cause asbestos fibers to become airborne. Inhalation of airborne asbestos fibers can cause lung cancer, a lung disease known as "asbestosis," and mesothelioma, a cancer of the chest and abdominal cavities.
On December 22, 2009, a GISHD safety compliance officer began a safety inspection at the company. The safety inspection identified nine Serious violations involving unguarded machinery, with a total penalty of $3,750. These citations were issued on January 27, 2010. The company has abated all safety items, did not appeal the citations and paid the penalty.
"Employers have a legal responsibility to protect their workers, especially when they're working with hazardous materials such as hexavalent chromium and formaldehyde or working where asbestos may be present," said MIOSHA Director Doug Kalinowski. "We strongly encourage companies to use all available resources to ensure the safety and health of their workers."
A Willful violation is one committed with an intentional disregard or plain indifference to the requirements of MIOSHA regulations and employee safety and health. A Serious violation exists where there is a substantial probability that serious physical harm or death can result to an employee.
The company has 15 working days from receipt of the health citations to comply or contest the violations and penalties. (A Summary of Violations is below.)
Summary of current CITATIONS and alleged violations | |||
| Summary | | |
Alleged Willful Serious Violations | |||
Asbestos for General Industry, Part 305, Rule 1910.1001(k)(1) | Failure to maintain surfaces free from damaged and deteriorated asbestos insulation throughout the facility and foundry. | $24,500 | 06/30/10 |
Asbestos for General Industry, Part 305, Rule 1910.1001(j)(7)(iv) | No asbestos awareness training provided to employees, engaged in housekeeping, in areas which contained asbestos containing material. | Grouped | 06/30/10 |
Chromium (VI) in General Industry, Part 315, Rule 1910.1026(d)(2)(iv) | Periodic air monitoring not conducted at least every three months when employee exposures were found to exceed the permissible exposure limit. | $24,500 | 06/30/10 |
Chromium (VI) in General Industry, Part 315, Rule 1910.1026(e) | A regulated area was not established when employee's exposures exceeded the permissible exposure limit. | Grouped | 06/30/10 |
Chromium (VI) in General Industry, Part 315, Rule 1910.1026(k)(1)(i)(A) | Medical surveillance was not made available to employees exposed in excess of the action level for more then 30 days a year. | $24,500 | 06/30/10 |
Dipping and Coating Operations, Part 526, Rule 1910.124(h)(4) | Employees working with chromic acid were not provided periodic chromic acid exams. | Grouped | 06/30/10 |
Chromium (VI) in General Industry, Part 315, Rule 1910.1026(l)(1) | Chrome room employees were not provided required training. | $24,500 | 06/30/10 |
Alleged Serious Violations | |||
Dipping and Coating Operations, Part 526, Rule 1910.124(j)(1)(i) | No quarterly inspections of chromic acid tank hoods and ductwork for corrosion or damage in the chrome room. | $3,500 | 06/30/10 |
Dipping and Coating Operations, Part 526, Rule 1910.124(j)(2)(i) | It was not ensured, at least quarterly, that during operation the air flow was adequate at the chromic acids tanks in the chrome room. | Grouped | 06/30/10 |
Chromium (VI) in General Industry, Part 315, Rule 1910.1026(g)(1)(i) | Respiratory protection not provided when employee exposures exceeded the permissible exposure limit. | $3,500 | 06/30/10 |
Chromium (VI) in General Industry, Part 315, Rule 1910.1026(g)(2) | A respiratory protection program was not established when employee exposures exceeded the permissible exposure limit. | Grouped | 06/30/10 |
Alleged Willful Other-than-Serious Violations | |||
Formaldehyde, Part 306, Rule 325.51473(1) | Training not provided. | $5,000 | 06/30/10 |
Formaldehyde, Part 306, Rule 325.51457(1) | Employees not informed of air monitoring results. | Grouped | 06/30/10 |
Occupational Noise, Part 380, Rule 325.60107(1) | An effective hearing conservation program not implemented. | $5,000 | 06/30/10 |
Total Health Penalty |
| $115,000 |
|
| Summary |
|
|
Alleged Serious Violations | |||
General Provisions, Part 1, Rule 40810034(9) | Ring Counter #1391, unguarded pinch point. | $1,250 | 01/27/10 |
General Provisions, Part 1, Rule 40810034(9) | Ring Counter #1383, unguarded pinch point. | Grouped | 01/27/10 |
General Provisions, Part 1, Rule 40810034(9) | Dotter #1357, unguarded pinch point. | Grouped | 01/27/10 |
General Provisions, Part 1, Rule 40810034(9) | Cast Iron VRT Turning Cell #1266, unguarded pinch point. | Grouped | 01/27/10 |
General Provisions, Part 1, Rule 40810034(9) | Laser Dotter #1545, unguarded pinch point. | Grouped | 01/27/10 |
General Provisions, Part 1, Rule 40810034(9) | Dimaco Machine #1045, unguarded pinch point. | Grouped | 01/27/10 |
General Provisions, Part 1, Rule 40810034(9) | Dimaco Machine #1000, unguarded pinch point. | Grouped | 01/27/10 |
Guards for Power Transmissions, Part 7, Rule 40810731(1) | Expander #1178, unguarded chain and sprocket. | $1,250 | 01/27/10 |
Metal Working Machinery, Part 26, Rule 408l2648(1) | LeBlond Lathe, tool room, unguarded lathe face plate or chuck with projections on the periphery. | $1,250 | 01/27/10 |
Total Safety Penalty |
| $3,750 |
|
Total Combined Penalty |
| $118,750 |
|
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