The U.S. Department of
Labor's Occupational Safety and Health Administration has cited
Oberdorfer LLC for 28 alleged violations of workplace health and safety
standards, including failing to correct hazards cited during a previous
OSHA inspection. The Syracuse manufacturer of aluminum castings faces a
total of $220,000 in proposed fines following an OSHA inspection opened
July 30, 2010, to verify correction of previously cited hazards.
OSHA previously cited the company for a variety of violations involving
employee overexposure to airborne concentrations of silica, which has
been classified as a human lung carcinogen. This newest inspection found
the company failed to implement engineering controls to reduce workers'
exposure to silica. In addition, the inspection found that an employee
who was overexposed to silica lacked a respirator.
"This company was given the time and opportunity to take effective
corrective action, yet our latest inspections identified silica-related
hazards that either went uncorrected or were allowed to recur. This is
unacceptable," said Christopher Adams, OSHA's area director in Syracuse.
"The sizable fines levied here reflect the severity and recurring
nature of these conditions. They must be corrected - once and for all -
to help ensure the health and safety of the workers at this plant.
As a result of its latest inspections, OSHA issued the company two
failure-to-abate notices carrying $75,000 in fines for the uncorrected
conditions and one willful citation with a $70,000 fine for the lack of
respiratory protection. A failure-to-abate notice is issued, and
additional fines proposed, when an employer fails to correct previously
cited hazards. A willful violation exists when an employer has
demonstrated either an intentional disregard for the requirements of the
law or plain indifference to employee safety and health.
The company also was issued 21 serious citations with $72,000 in fines
for fall, electrical and machine guarding hazards; a locked exit door;
lack of a permit-required confined space program and training; failure
to develop specific lockout/tagout procedures to prevent the unintended
startup of machinery; lack of an eyewash station; and failing to provide
training on silica. Finally, the company was issued four
other-than-serious citations with $3,000 in fines for inadequate
recording of workplace injuries and illnesses. OSHA issues a serious
citation 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. 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.
"One means of addressing workplace hazards such as these is for
employers to establish and maintain an illness and injury prevention
program, in which workers and management work together continuously to
identify and eliminate hazardous conditions," said Robert Kulick, OSHA's
regional administrator in New York.
Breathing crystalline silica dust can cause silicosis, which in severe
cases can be disabling or even fatal. The respirable silica dust enters
the lungs and causes the formation of scar tissue, thus reducing the
lungs' ability to take in oxygen. Detailed information on silica hazards
and safeguards, including an interactive eTool, is available online at
http://www.osha.gov/SLTC/silicacrystalline/index.html.
Oberdorfer LLC has 15 business days from receipt of its citations and
proposed penalties to comply, meet with the OSHA area director or
contest the findings before the independent Occupational Safety and
Health Review Commission. The inspection was conducted by OSHA's
Syracuse Area Office; telephone 315-451-0808. To report workplace
incidents, fatalities or situations posing imminent danger to workers,
call OSHA's toll-free hotline at 800-321-OSHA (6742).