The U.S. Department of Labor's
Occupational Safety and Health Administration has issued 54 workplace
safety and health citations with penalties totaling $1.2 million to gun
powder substitute manufacturer Black Mag LLC, following an
investigation into the causes of a deadly explosion in May at the
company's worksite in Colebrook, N.H. The explosion took the lives of
two workers who had been on the job for only a month.
"The fines levied here pale in comparison to the value of the two
lives lost," said Secretary of Labor Hilda L. Solis. "Nonetheless, this
was a tragedy that easily could have been prevented had the employer
valued the health and safety of its employees. Employers should not
sacrifice their workers' lives for a profit, and no one should be
injured or killed for a paycheck."
On May 14, two workers and a plant supervisor were manufacturing a
gun powder substitute known as Black Mag powder when the explosion
occurred. The workers had been required to hand feed powder into
operating equipment due to the employer's failure to implement
essential protective controls. The employer also chose not to implement
remote starting procedures, isolate operating stations, establish safe
distancing and erect barriers or shielding — all of which are necessary
for the safe manufacture of explosive powder. Additionally, the
employer chose not to provide the personal protective equipment and
other safety measures its employees needed to work safely with such
hazardous material. OSHA cited the company with four egregious willful,
12 willful, 36 serious and two other-than-serious violations with total
penalties of $1,232,500.
"Even after a prior incident in which a worker was seriously
injured, and multiple warnings from its business partners and a former
employee, this employer still decided against implementing safety
measures," said Assistant Secretary of Labor for OSHA Dr. David
Michaels. "Unfortunately, we see this kind of disregard time and time
again across industries. All employers must find and fix workplace
hazards so these types of avoidable tragedies don't happen, and workers
can return home safely at the end of the day."
The four egregious willful citations were issued for the failure to
train each of the four workers involved in the manufacture of the gun
powder substitute. In addition to the two workers killed and their
supervisor, there was an additional employee who left the job nine days
before the explosion. Willful citations are considered egregious when
more than one worker is exposed to a single hazard. The citation issued
for that hazard is then multiplied by the number of workers exposed.
Other willful citations were issued for the failure to locate
operators at safe locations while equipment was operating; separate
workstations by distance or barriers and ensure that each worker was
properly trained; provide adequate personal protective equipment, such
as fire resistant clothing, face shields and gloves; safely store gun
powder; and identify explosion hazards in the company's operating
procedures. A willful violation is one committed with intentional
knowing or voluntary disregard for the law's requirements, or with
plain indifference to worker safety and health.
Some of the 36 serious citations were issued for the failure to
separate small arms ammunition from flammable liquids, solids and
oxidizing materials by a fire-resistive wall or by a distance of 25
feet; establish and implement an emergency action plan and provide
written procedures to manage changes; provide personal protective
equipment including clothing, respiratory devices, protective shields
and barriers for workers exposed to lead; train workers on appropriate
protective equipment; train workers in electrical safety-related work;
address hazards associated with exit routes; and address hazards
associated with handling, storing and transporting explosives. 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.
The two other-than-serious violations are for a failure to perform
respirator fit tests and to ensure that facial hair does not interfere
with a respirator seal. An other-than-serious violation is one that has
a direct relationship to job safety and health, but probably would not
cause death or serious physical harm.
To view all of the citations issued to Black Mag, visit http://www.osha.gov/dep/citations/blackmag.pdf.
The employer has 15 business days from receipt of its citations and
proposed fines to comply, meet with OSHA or contest the findings before
the independent Occupational Safety and Health Review Commission. This
inspection was conducted by OSHA's Concord Area Office in New
Hampshire; telephone 603-225-1629. To report workplace accidents,
fatalities or situations posing imminent danger to workers, call OSHA's
toll-free hotline at 800-321-OSHA (6742).