OSHA Cites Legend Tube and Metal Sales for Safety Violations
11/16/2011 - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Legend Tube and Metal Sales Inc. for 21 safety and health violations for operating unsafe cranes that struck and injured two workers.
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Legend Tube and Metal Sales Inc. in Cleveland for 21 safety and health violations for operating unsafe cranes that struck and injured two workers at the steel service center. The company faces proposed fines of $157,200.
OSHA defines a willful violation as a violation committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee safety and health.
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.
An other-than-serious violationis one that has a direct relationship to job safety and health, but probably would not cause death or serious injury.
The charges are the result of an investigation launched by OSHA after receiving complaints that two workers had been struck by overhead cranes at the facility, one on May 9 and another on May 10. Three willful safety violations, with proposed penalties of $126,000, were cited for
· Operating a 20-ton, cab-operated crane and a 5-ton, floor-operated crane with the hoist blocks and hooks stuck in position approximately 6 feet off the ground, causing a "struck-by" hazard for workers
· Failing to establish a preventive maintenance program for the company's eight cranes
· Failing to have a gong or other effective warning signal on a 20-ton, cab-operated crane.
Eleven serious safety violations, with proposed fines of $29,400, were cited for
· Failing to provide machine guarding on the horizontal band saw and radial arm saw
· Failing to develop an energy control program
· Using defective and worn slings throughout the facility
· Permitting various electrical violations to exist
· Using electrical equipment in need of repair
Seven other-than-serious health violations, with proposed fines of $1,800, were cited for
· Failing to record workplace injuries and illnesses on the OSHA 300 log, including the incidents that occurred on May 9 and 10
· Failing to maintain fire extinguishers
· Exposing electrical equipment to water from a leaking roof
· Failing to provide sufficient space around electrical equipment
“Legend Tube and Metal Sales has a responsibility to ensure that its workers are protected from hazards associated with crane operations and to comply with relevant OSHA standards,” said Howard Eberts, OSHA's area director in Cleveland. "Employers must be aware of the hazards that exist at their facilities and take appropriate measures to protect workers' health and safety."
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.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.
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.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.
