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OSHA News Release
2005 - 03/01/2005 - OSHA Cites Valmont Coatings After Chemical Spill Sends 18 to Hospital

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Region 6 News Release: OSHA-05-327-DAL
Tue. March 1, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221


OSHA Cites Valmont Coatings After Chemical Spill Sends 18 to Hospital

OKLAHOMA CITY -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations to Valmont Coatings-Oklahoma Galvanizing in Claremore, Okla., and proposed penalties totaling $126,000 for safety and health violations which sent 18 employees to the hospital.

"If the employer would have taken the appropriate precautions to protect its employees, it is possible that this incident could have been avoided," said U.S. Secretary of Labor Elaine L. Chao. "This Administration is committed to using strong enforcement to protect the health and safety of America's workers. Fortunately, there was no loss of life."

Valmont Coatings-Oklahoma Galvanizing, a hot-dip galvanizing business, is owned by Valmont Industries Inc., headquartered in Omaha. Neb. The company employs more than 3000 workers, about 100 are located in Claremore. Following an inspection that began Aug. 31, OSHA cited the company for one alleged willful and eight alleged serious violations for exposing employees to sulfuric acid during a clean up spill from the rupture of a storage tank.

The alleged willful violation was issued for failing to provide personal protective equipment to employees who responded to the acid spill. A willful citation is issued by OSHA when an employer either knew that a condition constituted a violation or was aware that a hazardous condition existed and made no reasonable effort to correct it.

The alleged serious citations included failing to ensure that the premises were free from hazardous conditions such as exposure to concentrated sulfuric acid or being struck-by debris caused by the leakage and/or rupture of a storage tank operating under pressure; failing to develop and implement an emergency response plan; failing to assure the senior emergency response official took charge of the situation at the site when the spill occurred; and failing to train employees in emergency response operations. OSHA defines a serious violation as one in which there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Valmont Industries has had numerous inspections in past years, one of which resulted in proposed penalties of $20,000 when an employee died in Valley, Neb., after being crushed by a stamper machine in July 1996. Violations involved machine guarding and control of hazardous energy.

The company has 15 working days from receipt of the citations to comply, request an informal conference with the Oklahoma City area office, or contest them before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Oklahoma City area office at (405) 278-9560. Call OSHA's hotline at 1-800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers. Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit
www.osha.gov.

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U.S. Labor Department (DOL) releases are accessible on the Internet at <
http://www.dol.gov>. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7765 or TTY (202) 693-7755. DOL is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.


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