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OSHA News Release
2005 - 07/20/2005 - OSHA Fines Exide Technologies $356,700 Following Fatality Investigation

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Region 6 News Release: OSHA-05-1402-DAL
Wednesday, July 20, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221


OSHA Fines Exide Technologies $356,700 Following Fatality Investigation

BATON ROUGE, La. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations and proposed penalties totaling $356,700 against Exide Technologies Inc. for 38 alleged safety and health violations. The citations follow investigation of a Jan. 18 accident in which an employee of the Baton Rouge company was killed while trying to manually clear a jammed conveyor without appropriate safety precautions.

One willful citation was issued for deficiencies in energy control practices related to the fatality. These lockout-tagout procedures render machinery inoperable during maintenance and repair. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.

A total of 24 serious citations were issued for hazards related to industrial trucks, housekeeping, stairs, guardrails, energy control procedures, unguarded machines, electrical equipment, hazardous waste, emergency response, confined space entry, lead contamination, cadmium exposure, bloodborne pathogens and lack of employee training. A serious violation is a condition where there is a substantial possibility that death or serious physical harm can result from a hazard about which the employer knew or should have known.

Ten repeat violations involved hazards related to unsafe floors, cranes, machine guarding, electrical equipment, lead exposure and lead contamination. A repeat violation occurs when an employer has been cited previously for a substantially similar violation. Three other-than-serious citations noted deficiencies in respiratory protection and lead and cadmium exposure.

The company has 15 working days from receipt of the citations to comply, request an informal conference with OSHA's Baton Rouge area director or contest the citations before the independent Occupational Safety and Health Review Commission. Employers and employees with questions regarding safety and health standards may contact OSHA's Baton Rouge office at (225) 298-5458.

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 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 at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor 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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