Silica/OSHA Enforcement: Proposed Penalty Assessment for Delaware, Ohio Foundry

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Occupational Safety and Health Administration (“OSHA”) issued an October 7th news release stating it cited Liberty Casting Company (“Liberty”) for certain alleged violations.

Liberty is stated to operate a Delaware, Ohio foundry.

OSHA inspectors are stated to have determined that Liberty:

  • failed to implement engineering and work practice controls to limit employee exposure to silica
  • provide and require the use of respirators
  • develop an exposure control plan and medical surveillance procedures
  • train employees on OSHA's silica standards
  • failed to provide personal protective equipment
  • failed to conduct hazard assessments
  • failed to use adequate machine guarding
  • failed to develop lockout/tagout control procedures
  • exposed employees to fall and electrical hazards

OSHA has proposed to assess $270,048 in penalties.

Liberty has 15 days from receipt of the 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.

A copy of the news release can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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