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OSHA News Release
2002 - 07/26/2002 - Safety Hazards at Denver Glass Fabricator and Distributor Lead to $207,000 in Proposed OSHA Fines

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Region 8 News Release:   OSHA2-30
Friday, July 26, 2002
Contact: Rich Kulczewski
Phone: 303-844-1302


Safety Hazards at Denver Glass Fabricator and Distributor
Lead to $207,000 in Proposed OSHA Fines

DENVER -- Safety and health hazards, including exposing employees to improperly maintained slings, inadequate forklift training, unguarded machinery, and electrical hazards, have resulted in $207,000 in proposed fines against ACI Distribution (Australian Consolidated Industries), Inc. of Denver.

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) cited the glass fabricator and distributor, a subsidiary of Vitro Vidrio Plano VVP headquartered in Monterrey, Mexico, for alleged serious, willful, repeat and other-than-serious violations of the Occupational Safety and Health Act at its Denver fabrication and distribution facility.

The action results from an inspection conducted under OSHA's "Site Specific Targeting Program" Jan. 29 through Feb. 4, according to Herb Gibson, OSHA Denver area director. Under the SST program general industry worksites were selected for inspection based on high rates of lost workday injuries.

ACI Distribution was cited for 25 alleged serious violations of OSHA's safety and health standards, which include a proposed penalty of $86,000. Violations included: failure to determine load capacity for overhead storage areas; failure to guard open-sided floors; failure to provide railings for stairs; failure to maintain unobstructed access to building exits and adequately mark the exits; and failure to provide personal protective equipment.
(EDITORS NOTE: Summary of serious violations is attached)

Two willful citations relating to the company's failure to remove a damaged sling, used for lifting glass, from service and for their failure to provide adequate training to operators of forklifts also were issued with proposed penalties of $110,000. A repeat violation relating to electrical wiring hazards with a proposed penalty of $10,000 also was issued.

A serious violation is defined as a condition where there is a substantial possibility that death or serious physical harm can result. A repeat violation is issued when an employer has been cited for an identical or substantially similar condition within the past three years. Willful violations are those committed with intentional disregard of, or plain indifference to, the OSHA law and regulations. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm but would have a direct and immediate relationship to the safety and health of employees.

ACI Distribution has 15 business days from receipt of the citations and proposed penalties to either elect to comply with them, to request an informal conference with the OSHA area director, or to contest these citations before the independent Occupational Safety and Health Review Commission.

The investigation was conducted by OSHA's Denver Area Office, 1391 Speer Blvd, Denver, phone (303) 844-5285.

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Summary of Alleged Serious Violations:


The Occupational Safety and Health Administration cited ACI Distribution in Denver on 7/26/2002 for alleged serious violations for failure to:
  • determine load capacity for overhead storage areas;
  • guard open-sided floors;
  • provide railing for stairs;
  • maintain unobstructed access to building exits, and adequately mark the exits;
  • provide personal protective equipment;
  • mark the bridge crane with the rated load capacity;
  • conduct periodic inspections of the bridge cranes including the rope conditions;
  • mark the capacities of slings;
  • guard the of points of operation of the shear;
  • adjust the guards for the bench grinder;
  • guard the belt and pulley mechanism;
  • guard or enclose the chain and sprocket mechanism;
  • maintain a clear space of at least three feet in front of the electrical panel boxes;
  • electrically ground equipment, and wire with correct polarity;
  • provide protection from exposed live electrical parts;
  • maintain flexible electrical cords;
  • ensure electrical fixtures less than eight feet from the ground were protected from accidental contact;
  • perform a hazard assessment and training for personal protective equipment;
  • provide face shields, goggles and eyewash/safety showers where corrosive chemicals are used;
  • institute an energy control program and specific procedures;
  • train employees on facility fire extinguishers;
  • obtain manufacturer's written approval prior to modifying the forklift;
  • ensure that forklifts were operated in a safe manner;
  • failure to establish and implement a hazard communication program.

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