The U.S. Department of Labor's Occupational Safety and Health
Administration has issued citations to E.N. Range Inc. in Miami, Fla.,
alleging the company knowingly neglected to protect employees who clean
gun ranges from serious overexposure to lead. It also provided, without
medical supervision, non-FDA-approved treatments for lead exposure. The
company was cited for more than 50 violations of the lead standard and
others, with total proposed penalties of $2,099,600.
"This
company was well aware of what it needed to do to protect its workers
from a well known hazard. It not only failed to provide that
protection, it misled employees — most of whom had limited knowledge of
English — into believing that it was providing them with appropriate
medical treatment," said Secretary of Labor Hilda L. Solis. "Such a
blatant disregard for the health of workers will not be tolerated under
this administration."
E.N. Range has been cited for 42 willful
and serious violations of the lead standard with proposed penalties of
$1,884,000. OSHA's lead standard requires employers to protect their
workers from lead exposure which can cause many serious health issues
including brain damage, paralysis, kidney disease, and even death.
OSHA's
lead standard also addresses the use of chelating agents, which are
medicines intended to reduce blood levels that can have significant
adverse side effects. The standard prohibits the use of these agents
prophylactically, and permits their therapeutic use only under the
supervision of a physician in an appropriate clinical setting. Willful
citations were issued alleging that E.N. Range violated this provision
by giving its workers non-FDA-approved chelating agents without medical
supervision.
"This is an egregious situation where the
employer deliberately refused to provide the necessary protections to
keep workers safe from overexposure to lead," said Assistant Secretary
of Labor for OSHA Dr. David Michaels. "The company even knew its
workers suffered from lead poisoning, yet avoided proper medical
attention in favor of providing an unapproved and potentially unsafe
treatment."
The citations allege that E.N. Range did not use
engineering controls to prevent overexposure to lead, perform air
sampling to determine the extent of its workers' exposure, provide
showers for workers who had been exposed to lead, or provide blood
testing to exposed workers every six months, all of which are required
by the lead standard.
The company was also found in
violation of the respiratory protection standard for failing to provide
medical evaluations and fit testing for respirators. Additionally, the
company is being cited for failing to abate a previously-cited
violation discovered during an inspection in February 2009. That
failure-to-abate notice charges that the employer had neglected to
implement a job rotation schedule to reduce lead exposures. The company
is also being cited for additional serious violations, including a
spliced electrical cable and failure to ensure the blades of a box fan
were adequately guarded.
A willful violation is one
committed with plain indifference to or intentional disregard for
employees' safety and health. 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. Two other-than-serious violations have been issued with no
penalty for failing to label bags used to dispose of contaminated
clothing.
The company has 15 business days from receipt of
the citations and proposed penalties to comply, request a 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 Fort Lauderdale Area Office, 1000 S.
Pine Island Road, Suite 100, Fort Lauderdale, FL 33324; telephone
954-424-0242. To report workplace accidents, fatalities or situations
posing imminent danger to workers, call OSHA's toll-free hotline at
800-321-OSHA (321-6742).