The U.S. Department of
Labor's Occupational Safety and Health Administration has fined VT
Halter Marine Inc., a shipbuilder, for $1,322,000 following a November
2009 explosion and fire that killed two workers and seriously injured
two other workers. The incident occurred in the inner bottom void of a
tugboat that was being constructed at the company's Escatawpa, Miss.,
facility.
"This was a horrific and preventable situation. The employer was aware
of the hazards and knowingly and willfully sent workers into a confined
space with an explosive and toxic atmosphere," said Secretary of Labor
Hilda L. Solis. "Loss of life can never be something considered
acceptable or as a course of doing business."
Following its investigation, OSHA has cited the company for 17 willful
and 11 serious violations. The willful citations are for failing to
inspect and test the confined space prior to entry, to prevent entry
into confined spaces where concentration of flammable vapors exceed the
prescribed limits and to use explosion proof lighting in a hazardous
location. A willful violation is one committed with intentional,
knowing or voluntary disregard for the law's requirements, or with
plain indifference to employee safety and health.
The serious violations include a lack of machine guarding, allowing the
use of defective electrical equipment, failing to use approved
containers for disposing flammable liquids, the lack of a rescue
service available for a confined space entry, failing to properly
ventilate a confined space, and missing or incomplete guardrails. A
serious citation is issued 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.
Eight other-than-serious violations also have been issued. These
concern recordkeeping, failing to provide lavatory facilities with
tepid running water, failing to ensure workplace floors were free from
water accumulation and electrical grounding hazards.
"VT Halter knowingly and willfully failed to protect the lives of its
workers in a confined space even though it had the knowledge and
equipment necessary to do so," said Assistant Secretary of Labor for
OSHA Dr. David Michaels. "We will not tolerate this type of blatant and
egregious disregard for the health and safety of workers. Employers
need to know there will be consequences."
The company has 15 business days from receipt of the citations and
penalties to comply, request an informal conference with OSHA's area
director or contest the findings before the independent Occupational
Safety and Health Review Commission. The site was inspected by staff
from OSHA's Jackson Area Office, 3780 I-55 North, Suite 210; telephone
601-965-4606. To report workplace accidents, fatalities or situations
posing imminent danger to workers, call OSHA's toll-free hotline at
800-321-6742.
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