Region 2 News Release:   NY 138
May 10, 2001
Contact: Chester J. Fultz
Phone: 212-337-2319

NEW YORK - The U.S. Labor Department's Occupational Safety and Health Administration has cited Federal Laboratories Corporation, of 1135 Walden Avenue, Alden, New York, and proposed penalties of $146,000 against the firm for ten alleged failures to abate previously cited violations plus five new alleged serious violations of OSHA standards. The company has until May 29 to contest the citations.

The action results from a follow-up investigation initiated November 8 because OSHA never received any response to citations issued to the firm in June, 2000, according to OSHA area director David Boyce. The company produces powdered shark cartilage, caffeine, and other powdered nutrients and employs 12 workers.

OSHA issued the following failure-to-abate notices:

• failure to provide standard guardrails on all open sides of a work platform;
• failure to establish and maintain a respiratory protection program for employees exposed to dust in excess of the permissible exposure limit;
• failure to provide medical evaluations to employees required to wear respirators;
• failure to provide fit-testing or effective training to employees required to wear respirators;
• failure to establish a lockout/tagout program to prevent the accidental startup of machines during servicing or repair;
• failure to provide training to employees required to use portable fire extinguishers;
• failure to provide training to employees who operate powered industrial trucks;
• failure to develop a hazard communication program;
• failure to provide information and training on the hazardous chemicals in their work areas.

A failure to abate is a notice of additional penalty issued against an employer who has failed to correct a violation that has become a final order of the Occupational Safety and Health Review Commission. The total proposed penalty for the alleged failures to abate is $141,000.

The alleged serious violations for which the employer was cited included:

• failure to keep fire exits free of obstructions;
• failure to select and require the use of appropriate hand protection when employees' hands were exposed to thermal burns;
• failure to mount, locate, and identify portable fire extinguishers;
• failure to properly secure the propane tank to a forklift truck, and ensure that the forklift truck had a locating pin to properly position the propane tank on the vehicle.

A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result. The alleged serious violations carry a total proposed penalty of $5,000.

The investigation was conducted by OSHA's Buffalo area office, located at 5360 Genesee Street, Bowmansville, New York, telephone (716) 684-3891.