Region 2 News Release: NY 224
Wednesday,December 2, 1998
Contact: Chester J. Fultz (212)337-2319

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Central Jersey Concrete Pipe Company, Inc., of Yellow Brook Road in Farmingdale, New Jersey, and proposed penalties of $268,000 against the firm for three alleged failures-to-abate, seven alleged serious violations, three alleged repeat violations, and one alleged other-then-serious violation of OSHA standards. The company has until December 22 to contest the citations.

According to OSHA area director Gary Roskoski, the action results from an investigation begun on June 6 after OSHA's emergency hotline received the report of a worker fatality. Harold Crippen, 56, of Neptune, New Jersey was found engulfed in the contents of a sand hopper, a type of enclosure listed by OSHA as a confined space for which an entry-permit program is required.

"We have cited this employer before for these kinds of conditions, including failure to have a permit-required confined space entry program," Roskoski said. "The company asserted, in writing, that the hazards we cited had been abated. It is an outrage for us to learn that the employer's response was nothing more than a paper program with no genuine corrective action taken."

OSHA charged the firm with three alleged failure-to-abate violations for not implementing a controlled-access program for confined spaces; not having a written lockout-tagout program, including required training for all affected employees to prevent the accidental start-up of machines during servicing or repair; and not having an audiometric testing program. The alleged failure-to-abate violations carry a total proposed penalty of $241,200.

A failure to abate is a notice of additional penalty issued against an employer who has failed to correct a violation which has become a final order of the Occupational Safety and Health Review Commission. Central Jersey Concrete Pipe was previously cited for these conditions on January 16, 1997.

The firm was also charged with three alleged repeat violations carrying a total proposed penalty of $10,400 for failing to provide covers over open pits, failing to properly guard a sprocket and chain, and failing to provide initial training and annual follow-up training in noise protection. A repeat violation is one for which an employer has been previously cited for the same or a substantially similar condition and the citation has become a final order of the Occupational Safety and Health Review Commission. The firm was also cited for these conditions on January 16, 1997.

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

• failure to provide standard railings and toeboards on work platforms;

• failure to provide a standard railing on a platform over dangerous equipment;

• failure to properly secure a portable ladder;

• failure to require employees exposed to high noise to wear hearing protection;

• using arc-welder cables with damaged insulation;

• storing acetylene and oxygen cylinders together.

The employer was also charged with an other-than-serious violation for not reducing the pressure of compressed air used for cleaning to 30 psi or below.

A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result. An other-than-serious violation is a hazardous 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.

The investigation was conducted by OSHA's Marlton area office, located at Marlton Executive Park, 701 Route 73 South, Building 2, Marlton, New Jersey, telephone (609) 757-5181.

The OSHA emergency hotline number is (800) 321-OSHA.

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

Voice phone:(212) 337-2319;
TDD phone: 800-347-8029;
OASAM TDD message referral phone number: 800-326-2577.