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OSHA News Release
2003 - 08/13/2003 - Poughkeepsie, N.Y. Manufacturer's Failure Correct Safety Hazards Leads to Additional $109,500 in OSHA Fines

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Region 2 News Release:     BOS 2003-206
Wednesday, August 13, 2003
Contact: Ted Fitzgerald
Phone: (617) 565-2074


Poughkeepsie, N.Y. Manufacturer's Failure Correct Safety Hazards Leads to Additional $109,500 in OSHA Fines

ALBANY, N.Y. -- A Poughkeepsie, N.Y. manufacturer's ongoing failure to protect employees against safety hazards has resulted in an additional $109,500 in fines from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

"It is unacceptable that an employer would renege on its obligation to correct safety hazards. The Department will not hesitate to take significant action in such cases. Protecting worker safety and health must be a priority for employers," said U.S. Secretary of Labor Elaine L. Chao.

Superior Walls of the Hudson Valley manufactures precast concrete foundation panels at its 68 Violet Ave. plant. OSHA originally cited the company in September 2002, for ten serious violations of the Occupational Safety and Health Act. The company subsequently paid a fine of $5,460 and agreed to correct all cited hazards.

However, an OSHA followup inspection begun in February 2003 found that the company had failed to do so in two areas: it failed to develop and document a machine-specific program to prevent the accidental startup of machinery and equipment during maintenance and failed to properly guard a radial arm saw to prevent employee contact with its blade. As a result, Superior Walls of the Hudson Valley faces an additional $108,000 in fines

The latest inspection also found unmarked and improperly labeled circuit breakers, an electrical safety hazard for which a serious citation was issued and a $900 fine proposed. The company was also issued an other than serious citation for failing to properly maintain illness and injury logs for 2002 and 2003. A $600 fine is proposed for that alleged violation.

A failure to abate condition exists when the employer has not corrected a violation for which a citation has been issued and the abatement date has passed. OSHA defines a serious violation as a condition that exists where there is a substantial possibility that death or serious physical harm can result.

The company has 15 business days from receipt of its citations and proposed penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. OSHA's Albany area office, located at 401 New Karner Road, conducted the investigation. Its telephone number is (518) 464-4338.

The Occupational Safety and Health Administration 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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The information in this release will be made available to sensory impaired individuals upon request. Voice phone: (617) 565-2072. TDD (Telecommunications Device for the Deaf) Message Referral Phone: 800-347-8029.


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