Region 3 News Release:    III-99-05-03-033-WVA
Mon., May 3, 1999
Contact: Kate Dugan
PHONE : (215) 596-1147   AFTER HOURS: (610) 522-9484

The U.S. Labor Department's Occupational Safety and Health Administration has cited American Car and Foundry (ACF) Industries, Huntington, W. Va. for alleged safety and health violations and proposed penalties totaling $125,400. The company manufactures railroad cars and employs 463 at this site.

According to Stanley H. Elliott, area director of the Charleston OSHA office, ACF was cited for the following violations (with proposed penalties):

• one willful violation, penalty of $55,000, for carrying loads over employees;
• seven repeat violations, penalty of $35,900, for unguarded open-sided platforms, noise overexposures, lack of machine guarding and electrical hazards;
• 14 serious violations, penalty of $34,500, for lack of personal protective equipment, unmarked aisle ways, hazardous material storage areas, improper rigging; unguarded machinery, compressed air over 30 p.s.i. used for cleaning, defective blast cleaning nozzle, improper welding practice, electrical hazards, job crane conditions and exposure to falling loads;
• six other-than-serious violations, no penalty, for lack of load capacity marking, unsecured ladder footing, failure to enforce hearing protection wear, failure to evaluate hearing protector attenuation.

According to Elliott, the company had been warned about passing loads weighing several tons over employees' heads via cab operated cranes.

Willful violations are those committed with an intentional disregard of, or plain indifference to, the requirements of the OSH act and regulations.

A serious violation involves a substantial probability that death or serious physical harm could result and that the employer knew or should have known of the hazard.

Repeat violations occur when an employer has been cited previously for a substantially similar condition and the citations have become a final order of the Occupational Safety and Health Review Commission (OSHRC).

The company has 15 working days from receipt of the citations to either decide to comply, to request an informal conference with the OSHA area director, or to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

The investigation was conducted by the Charleston OSHA office, 405 Capitol St., Suite 407, Charleston, WV 25305, telephone (304) 347-5937.

This information will be made available to sensory impaired individuals upon request.

Telecommunications Device for the Deaf (TDD). Telephone: 1-800-927-9273.