Region 6 News Release: OSHA-09-332-DAL
Monday, April 6, 2009
Contact: Elizabeth Todd
Phone: 972-850-4710

U.S. Department of Labor's OSHA cites Houston-based manufacturing company for failing to abate safety violations
Initial inspection followed electrocution death of a worker

HOUSTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued failure-to-abate citations to JD Manufacturing Inc., doing business as Arrow Waste, in Houston for a follow-up inspection that revealed previous violations had not been abated.

The initial inspection on Jan. 29, 2008, at the company's facility on 11401 Brooklyn St. in Houston, followed the electrocution death of a worker. Upon re-inspection on Oct. 9, 2008, OSHA's investigation found that the six violations, four alleged serious and two alleged other-than-serious, originally cited were not corrected by the company.

"The employer completely ignored abating the violations while continuing to expose employees to a hazardous working environment. That kind of practice will not be tolerated," said Dean McDaniel, OSHA's regional administrator in Dallas. "OSHA standards must be followed to prevent injuries and fatalities."

The serious failure-to-abate violations include failing to have a written program for the control of hazardous energy, not installing the required wiring in accordance with OSHA regulations and failing to adequately mark branch circuits to indicate their purpose. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The other-than-serious violations the company failed to correct are not having a hazard communications program in place and not maintaining the required recordkeeping. An other-than-serious violation is one that has a direct relationship to job safety and health but probably would not cause death or serious physical harm.

The initial inspection carried proposed penalties totaling $25,500. The re-inspection carries $108,000 in proposed penalties.

JD Manufacturing, a manufacturing and repair facility for mechanized equipment and roll-off containers such as dumpsters or debris containers, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Houston North area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Houston North Area Office at 281-591-2438 or OSHA's toll-free hotline number at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

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