NJ company faces $1.9 million in fines for 51 OSHA violations

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A Delair, NJ manufacturing company announced Tuesday morning that 13 percent of its unionized employees are being laid off due to the crushing blow of penalties by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).

Last month, the company was fined $1.9 million for 51 OSHA violations, which included the hospitalization of employees for chemical burns and broken bones. Since 2011, the agency has inspected the facility eight times, cited the employer for 60 violations and assessed $516,753 in penalties. The company’s extensive list of violations includes lack of stair rails, inadequate ladders and inappropriate respiratory and hearing protection.

Additionally, during its most recent inspection, OSHA representatives were informed that two employees were hospitalized as a result of separate workplace incidents. The first incident transpired when employees entered a tank to drain residual sludge containing dehydrated sodium hydroxide, aluminum oxide and decomposed metal. The employees told supervisors that they were experiencing chemical burns to their skin and attempted to wash off the chemicals, but employees were directed to re-enter the tank, where they suffered further chemical injuries, which resulted in the hospitalization of one employee.

The second incident occurred when a machine operator suffered a broken pelvis after being caught between the unguarded moving parts of a metal fabrication machine.

“Despite its lengthy OSHA history, [the company] still does not comply with federal safety and health standards,” said Paula Dixon-Roderick, director of OSHA’s Marlton Area Office. “These hazards leave workers vulnerable to the risk of serious injury and possible death.”

The company alleged that after its July penalties, it made efforts to improve safety throughout the facility, including the hiring of an OSHA specialist and other safety professionals.

“These improvements have made a significant, positive impact on our culture,” a company spokesperson said in a statement. “We have been diligent in addressing the issues OSHA cited in past inspections. The vast majority of the issues raised in these past inspections were addressed before OSHA’s latest visit. The investments we have made in the facility—from the millions of dollars we have put toward safety improvements to the new equipment that is safer and more efficient—are working. However, OSHA’s new fee structure results in higher fine amounts and unfair media attention even as conditions improve”.

The layoffs did not include the safety professionals, but rather 10 members of the front office staff, including four managers.

“We care deeply about the safety of our employees,” the spokesperson continued. “As part of our ongoing facility improvements, we’ve invested time and money toward safer production processes and equipment. In addition to our regular safety TPMs to keep our facility in code, we devoted thousands of man hours toward training and installing guards and other essential safety measures.”

The statement, released this morning, also said that the violating company plans to challenge the citations, as they intend to “vigorously defend ourselves.”

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