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OSHA News Release
2003 - 11/12/2003 - ASI RCC, Inc. of Buena Vista Issued $146,300 In Proposed Penalties for Safety Violations

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Region 8 News Release:   OSHA 03-713-DEN
Wednesday, November 12, 2003
Contact: Rich Kulczewski
Phone: (303) 844-1302


ASI RCC, Inc. of Buena Vista Issued $146,300 In Proposed Penalties for Safety Violations

BUENA VISTA, Colo. -- The failure of a Colorado employer to protect employees working around explosives has resulted in $146,300 in proposed penalties issued against ASI RCC Inc., Buena Vista, Colo., following an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

OSHA's Englewood area office issued two willful, and seven serious violations following an investigation at a road construction work site on Wolf Creek Pass that began on May 13. The investigation uncovered numerous violations of OSHA's standards on proper use, storage, and transportation of explosives.

"We have proposed a significant fine of more than $146,000 in this case due to the health and safety violations that are especially serious when workers are dealing with explosives," said U.S. Secretary of Labor Elaine L. Chao

ASI RCC Inc. was cited for one willful violation for failure provide adequate warnings prior to detonating explosives and one willful violation for operation of equipment within 50 feet of holes loaded with explosives. A $112,000 fine is proposed for these violations.

Seven alleged serious violations address the hazards of improper transportation and storage of explosives, failure to provide proper signage when using explosives, and failure to keep accurate records for explosives used on the job site. The penalty for the serious violations totaled $34,300.

Willful violations are those committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. A serious violation is one where there is substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.

ASI RCC Inc. has 15 working days from receipt of the citations to request an informal conference with the OSHA area director, or to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA is dedicated to saving lives, preventing injuries and illnesses, and protecting America's workers. Safety and health add value to business, the workplace and life. For more information, visit www.osha.gov.


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