For two Ohio employers, the recent news from the Occupational Safety and Health Administration (OSHA) could have been better.
Both Durable Slate Co. and Spectrum Painting were cited by OSHA for exposing workers to dangerous levels of lead from lead-based paint and serious fall hazards while restoring an historical building in Lima.
Proposed penalties total $119,000 and $49,600, respectively. OSHA initiated an inspection of both companies in September 2013 after receiving a referral from a health care provider, which found high levels of lead in blood samples from employees of both companies. The employees were removing lead-based paint from the exterior of an historic home. Lead exposure can cause fatigue, nausea and long-term damage to the central nervous system.
‘Lead Overexposure Leading Cause of Illness’
“Lead overexposure is a leading cause of serious workplace illness,” stated Kim Nelson, OSHA’s area director in Toledo. “Compliance with OSHA’s standards will protect workers by minimizing their exposure to lead. Companies that specialize in this work must have an effective program to ensure the safety and health of their workers.”
Columbus-based Durable Slate Co., which operates as Durable Restoration, was cited for one willful violation.
A willful violation was issued for failing to conduct initial exposure monitoring to determine if employees were exposed to lead above the permissible level when scraping lead-based paint. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to employee safety and health.
Durable Slate was also issued seven serious violations, five of which were violations of OSHA’s lead exposure standards, including failure to ensure workers wore protective clothing; train workers on lead hazards; provide changing areas and adequate hand-washing stations; and implement a written lead compliance program.
The company was also cited for failing to develop a respiratory protection program and to provide fall protection for employees that were working at heights of approximately 13 feet. 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.
Spectrum Painting, based in Bellefontaine, was cited for two willful and eight serious violations.
Two willful violations were cited for failing to provide respiratory protection and personal protective clothing as interim protection before an initial lead exposure assessment was conducted.
Spectrum Painting’s eight serious violations included five for violations of OSHA’s lead exposure standards, including failing to conduct initial medical surveillance; develop and implement a written lead compliance program; and provide changing areas and adequate hand-washing stations. The company was also cited for failing to develop a written hazard communication program, provide fall protection and improper use of ladders.
Both companies were allowed 15 business days from receipt of their 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.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: kstack@reduceyourworkerscomp.com.
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