AUTO PARTS STORE RECEIVES BAD NEWS REGARDING ASBESTOS, MOLD HAZARDS

FROM:  U.S. DEPARTMENT OF LABOR 

Advance Auto Parts exposes workers to asbestos, mold hazards

Kansas City, Missouri, store receives 11 violations

KANSAS CITY, Mo. — A worker alleging the existence of asbestos, mold and hygiene hazards led to an inspection of an Advance Auto Parts store in Kansas City, where the U.S. Department of Labor's Occupational Safety and Health Administration found one repeated and 10 serious safety and health violations with fines of $60,000.

"Exposure to asbestos is a dangerous workplace issue that can cause loss of lung function and cancer, among other serious health effects. When Advance Auto uses an older building with presumed asbestos-containing material, such as floor tiles, it has a responsibility to conduct periodic air monitoring and must post warning signs for workers," said Barbara Theriot, OSHA's area director in Kansas City. "The company also has a responsibility to maintain the building in a sanitary and safe manner. OSHA found persistent flooding, which caused mold growth and created lower-level slip and fall hazards. This is unacceptable."

OSHA inspectors tested bulk samples of furnace room floor tiles and found they contained 3 percent chrysotile, a form of asbestos. Sample air monitoring did not detect asbestos fibers circulating in the heating and air conditioning system. However, particles could become airborne from deteriorating tiles and persistent flooding, a consistent issue throughout the building.

Asbestos is a naturally occurring mineral fiber used in some building materials before its health dangers were discovered. Asbestos fibers are invisible and can be inhaled into the lungs unknowingly. Inhaled fibers can then become embedded in the lungs.

Inspectors also found electrical safety violations and blocked exit routes at the store, resulting in the 10 serious violations. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

OSHA also noted a repeated violation for failing to provide inspectors with injury and illness logs. Based in Roanoke, Virginia, Advance Auto Parts was previously cited for this violation in a Delaware, Ohio, store in 2010 and a Lakeland, Florida, store in 2011. OSHA issues repeated violations if an employer was cited previously for the same or a similar violation within the last five years.
Advance Auto Parts has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

OSHA CITES HAGEL METAL FABRICATION FOR WILLFUL VIOLATIONS AFTER WORKER CRUSHED TO DEATH

FROM:  U.S. LABOR DEPARTMENT 

OSHA cites Hagel Metal Fabrication for willful violations after worker fatally crushed by unguarded machine at Illinois plant
Plant placed in Severe Violator Enforcement Program

EAST PEORIA, Ill. — Hagel Metal Fabrication Inc., has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 12 safety and health violations after a 23-year-old worker was fatally crushed Feb. 22 by an automated laser-cutting machine. During the investigation, workers made formal complaints, which prompted two additional OSHA inspections at the East Peoria metal manufacturing plant.

"The company failed to implement the most basic of safety precautions — and the result was a terrible tragedy. This case demonstrates an egregious disregard of worker safety and health," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Employers have a responsibility to provide a safe workplace."

Three willful violations include: bypassing machine safeguards on two laser-cutting machines and the failures to lock out sources of hazardous machine energy. These safeguards were designed to prevent employees from being in areas of the machine where they could be struck and crushed by moving parts. Two additional serious violations include unguarded open-sided floors and platforms causing a fall hazard. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee safety and health.

"This tragedy could have been prevented if the company ensured adequate machine guarding, effective lockout-tagout procedures and worker training on hazards," said Tom Bielema, OSHA's area director in Peoria. "The company willfully violated OSHA's Machine Guarding Standard, compromising worker safety and well-being."

After the incident, OSHA found other employees exposed to amputation hazards while operating a power press brake because the guard had not been set up properly. OSHA issued a willful violation for this hazard.

Six serious citations were also issued for failing to: inspect powered industrial trucks before service and to remove them if they are damaged, mark the load capacity of lifting devices, provide training on hazardous energy control procedures and implement an effective lockout/tagout program to protect workers during machine servicing. OSHA also cited the company for work areas with potentially hazardous accumulations of powder coating dusts and for failing to implement an effective respiratory protection program with worksite-specific procedures. A serious violation occurs 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.

OSHA proposed penalties totaling $317,000.

Because of the hazards and the violations cited, Hagel Metal Fabrication has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

Hagel Metal Fabrication has been inspected by OSHA on seven previous occasions since 1989, resulting in the issuance of 23 citations including willful and serious citations for exposing workers to amputation injuries and machine guarding hazards. There are approximately 90 workers at the company.
The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.