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OSHA News Release
2005 - 02/07/2005 - OSHA Cites Two Oklahoma Employers for Safety Violations Following Fatal Accident

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Region 6 News Release OSHA-05-141-DAL
Monday, Feb. 7, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221


OSHA Cites Two Oklahoma Employers for Safety Violations Following Fatal Accident

OKLAHOMA CITY -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited L&L Construction Inc., Jenks, Okla., and Raven Lining Systems Inc., Tulsa, Okla., for a total of 23 alleged safety and health violations following the investigation of a fatal accident last August. The investigation began Aug. 17, 2004, after a worker died from exposure to hydrogen sulfide at a Tulsa wastewater treatment plant. Penalties for both employers total $94,800.

"An L&L Construction employee died of asphyxiation and another was injured when they entered a confined space and were exposed to hydrogen sulfide," said James Brown, OSHA area director in Oklahoma City. "The employer did not conduct air monitoring and did not require workers to use respirators."

L&L Construction, a builder of waste water pumping stations, was cited for two alleged willful and 14 alleged serious violations. The willful citations are for failing to monitor and test the confined space before allowing workers to enter. Willful violations are cited when a company has demonstrated plan indifference or intentional disregard for safety and health standards.

Alleged serious violations include failing to provide an appropriate respirator; failing to provide a medical evaluation to determine the employee's ability to use a respirator; failing to provide respirator training; failing to conduct evaluations of the workplace; failing to provide safe entry and exit to a confined space, and failing to provide training for confined space work. A serious violation is 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. Proposed penalties for L&L total $67,800.

Raven Lining Systems, a manufacturer of specialty epoxy coating products, had one employee on site the day before the accident to assure that application of their product was performed correctly, and was cited for seven alleged serious violations; two for failing to ensure that the worker had proper respiratory protection and five for allowing the worker to enter a confined space without proper protection. Raven's proposed penalties total $27,000.

The companies have 15 working days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions about workplace safety and health can contact OSHA's Oklahoma City area office at (405) 278-9560. A toll-free hotline may be used to report workplace accidents, fatalities, or situations posing imminent danger to workers. The number is 1-800-321-6742.

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, and establishing partnerships. For more information, visit www.osha.gov


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U.S. Labor Department releases are accessible on the Internet at 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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