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OSHA News Release
2002 - 10/22/2002 - Safety & Health Hazards Result in OSHA Penalties for Two Silver Bay, New York, Boat Shops

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TRADE NEWS RELEASE   BOS 2002-221
Tuesday October 22, 2002
Contact: John M. Chavez
Phone: (617) 565-2075


Safety & Health Hazards Result in OSHA Penalties for
Two Silver Bay, New York, Boat Shops

ALBANY, N.Y. -- The exposure of employees to several safety and health hazards in the workplace, including potential falls, amputations, electrocutions, and chemical exposures, has resulted in two Silver Bay, N.Y. employers being cited for safety and health violations by the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

According to OSHA Albany area office director John Tomich, Morgan Marine Base, Inc. and Hacker Boat Company, Inc., both located on Route 9N in Silver Bay, and both owned by the same employer, were inspected this past summer as the result of a referral to OSHA from the New York State Lake George Commission. Hacker Boat manufactures wooden powerboats and Morgan Marine Base is that company's marina and repair shop.

Tomich noted that several of the same citations were issued to both companies, since employees perform work for either company and are exposed to the same hazardous conditions in either case. Both companies were cited for seven similar alleged serious violations, including inadequate leak-proof protection around a 1000-gallon gasoline tank, lack of fall protection, lack of an adequate lockout/tagout program for controlling hazardous energy including procedures and training, lack of machine guarding for saws, lack of a hazard communication program and training for chemical use, and lack of a proper eyewash/shower facility where employees were exposed to corrosive materials. Hacker was also issued a serious citation for exposing employees to electrical hazards. The combined penalties for these alleged serious violations totaled $13,250.

The companies were issued other-than-serious citations, with no proposed penalties, for not maintaining injury and illness logs, not documenting and certifying crane inspections, and alleged violations concerning the use of respirators and dust masks.

OSHA defines a serious violation as one in which there is substantial probability that death or serious physical harm could result, and the employer knew, or should have known, of the hazard. An other-than-serious violation is a 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.

Tomich noted that, over the coming year, his office will be conducting a number of planned inspections of marinas under a local emphasis program that is designed to focus on many of the same safety and health issues uncovered and cited as the result of the Morgan Marine Base and Hacker Boat Company inspection. The OSHA Area Office in Albany is located at 401 New Karner Road, Suite 300. The telephone number is 518-464-6742.

The companies have 15 business days from receipt of the citations and penalties to either elect to comply with them, to request and participate in an informal conference with the OSHA area director, and/or contest them before the independent Occupational Safety and Health Review Commission.


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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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