Silica/OSHA Enforcement: Selma, Alabama, Proposed Penalty Assessment

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

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The Occupational Safety and Health Administration (“OSHA”) issued a February 27th news release addressing Henry Brick Co., Inc. (“HBCI”).

The news release describes HBCI as a Selma, Alabama, brick manufacturer.

OSHA alleges that the company exposed workers to silica.

Eleven citations are proposed which include:

  • Exposed workers to airborne concentrations of respirable crystalline silica of up to six-and-a-half times the permissible exposure level.
  • Failed to evaluate and implement engineering controls and work practices to reduce and maintain employee exposure to respirable crystalline silica to or below the permissible exposure.
  • Failed to provide effective training on crystalline silica to employees exposed over the permissible exposure level.
  • Neglected to offer free medical surveillance, at a reasonable time and place, to employees exposed to respirable crystalline silica above the action level for 30 or more days per year.
  • Required employees to wear respirators without first providing training as required.
  • Neglected to fit test or provide medical evaluation for workers required to wear respirators.
  • Allowed employees to work in areas that required respirators without providing a respiratory protection program that met requirements.

$124,212 in penalties is proposed.

HBCI has 15 days from receipt of the citation and penalties to comply, request an informal conference with OSHA, 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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