Region 3 News Release: 12-2148-PHI (osha 12-118)
Nov. 1, 2012
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

US Department of Labor's OSHA proposes $58,000 in fines to
New Castle, Pa., recycling company for 27 workplace safety, health hazards

NEW CASTLE, Pa. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Donald R. Klein, doing business as Vortex Recycling Inc., for one repeat, 25 serious, and one other-than-serious violation of safety and health standards. OSHA initiated an inspection of the company's New Castle facility in response to a complaint. Proposed penalties total $58,000.

The repeat violation involves failing to remove defective or unsafe powered industrial trucks from service. The citation carries a $5,600 fine. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. A similar violation was cited in 2008.

The serious violations include a variety of fall, electrical and struck-by hazards; using equipment that is improperly installed, identified and located; improperly maintaining emergency eyewash stations, shower facilities and portable fire extinguishers; having unguarded machinery; crane deficiencies; a lack of proper housekeeping procedures for areas around plant equipment; and failing to develop programs for energy control, hearing conservation, permit-required confined spaces and hazard communication. The citations carry $51,700 in penalties. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer know or should have known.

The other-than-serious violation is having unsanitary eating areas. The citation carries a $700 penalty. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"These violations pose serious risks to Vortex Recycling workers and must be addressed immediately," said Theresa A. Naim, director of OSHA's Erie Area Office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."

The oil filter recycler employs 20 workers at its New Castle facility and has 15 business days from receipt of the citations and penalties to comply, request an informal conference with the OSHA area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Erie office at 814-874-5150.

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 enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.