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| Occupational Safety & Health Administration | ||||||
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OSHA News Release
2003 - 11/26/2003 - Texas Bottling Company Agrees To Pay $205,200 In Penalties For Failing To Implement Confined Space Safety Procedures |
OSHA News Release - Table of Contents |
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Region 6 News Release: OSHA-03-799-DAL Wed., Nov. 26, 2003 Contact: Diana Petterson or Elizabeth Todd Phone: (214)767-4776, Ext. 222 or 221 Texas Bottling Company Agrees To Pay $205,200 In Penalties For Failing To Implement Confined Space Safety Procedures ABILENE, Texas -- Ab-Tex Beverage Ltd. of Abilene, Texas, has agreed to pay $205,200 in penalties for citations issued by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) for the company's failure to protect workers against hazards when entering confined spaces. "This company failed to protect its workers," said U.S. Secretary of Labor Elaine L. Chao. "This Administration is committed to protecting workers from such hazards, and this significant penalty of $205,200 demonstrates that we will vigorously enforce safety standards for workers." OSHA began its investigation June 4, 2003, in response to an employee complaint and found the company was not ensuring that their workers were following OSHA's standards and regulations when they entered a confined space. In this instance, Ab-Tex Beverage did not determine the safety conditions of a sugar tank before workers entered it, including whether there was sufficient breathable air in the tank. The company was cited for five willful, 25 serious, and 11 other violations. Ab-Tex Beverage, which specializes in the manufacture and bottling of beverage products, is headquartered in Abilene and employs about 500 workers statewide, 250 of who are located in Abilene. The inspection consisted of both safety and health components. Among the alleged willful violations were failing to implement or post the required procedures when entering a confined space; failing to train employees about the hazards of entering a confined space; failing to monitor workers while they were in the confined space; and failing to provide guardrails on a platform exposing employees to fall hazards. A willful citation is issued for violations committed with disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and regulations. The alleged serious violations included failing to provide a physical guard between a worker and a machine to prevent amputations, failing to protect employees against contact with electric wiring, and failing to train employees on the hazards of the chemicals with which they were working. OSHA defines a serious violation as one in which there is a substantial probability that death or serious physical harm could result from a hazardous condition about which the employer knew or should have known. Other alleged violations included failing to adequately brace or repair ladders to prevent falls and failing to ensure that compress gas cylinders were properly secured to avoid toppling over. Ab-Tex Beverage has agreed to make significant improvements in the company's safety and health program in addition to paying the penalties. Employers and employees with questions about workplace safety and health may call the Lubbock OSHA area office at (806) 472-7681. OSHA's toll free hotline number may be used to report workplace accidents, fatalities or situations posing imminent danger to workers. The number is 1-800-321-6742. OSHA is dedicated to saving lives, preventing injuries and illnesses. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov. ### U.S. Labor Department news releases are accessible on the Internet at www.dol.gov. |
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