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09-945-NEW/BOS 2009-266
Mon., Aug. 31, 2009
Contact: Ted Fitzgerald
Phone: 617-565-2074

Rochester, N.Y., waste collection company's failure to correct safety hazards results in additional $304,200 in fines from U.S. Labor Department's OSHA

NEW YORK -- Heberle Disposal Service Inc., a Rochester, N.Y., solid waste collection company, faces an additional $304,200 in fines from the U.S, Department of Labor's Occupational Safety and Health Administration (OSHA) for failing to correct hazards cited during a 2008 inspection and for new and recurring safety hazards at its Alvanar Road worksite.

OSHA had cited the company in June 2008 for 12 serious violations. A 2009 follow-up inspection found that five of the 12 cited hazards remained uncorrected: improper transfer of flammable liquids; not ensuring employees were competent to operate powered industrial trucks; not informing and training employees about the hazardous chemicals in their workplace; allowing spark-producing equipment near flammable paint spray areas; and not determining an employee's medical fitness to wear a respirator. These uncorrected conditions resulted in the issuance of five failure-to-abate notices carrying $288,000 in proposed fines.

"The sizable fines proposed here reflect the gravity of this employer's ongoing failure to correct clear and recognized hazards that could result in burns, crushing injuries or death for its employees," said Arthur Dube, OSHA's area director in Buffalo, N.Y.

The company also has been issued three repeat citations, with $8,400 in fines, for new hazardous conditions similar to those cited in 2008: an unguarded disc grinder, an improperly adjusted work rest on a bench grinder and an ungrounded flexible power cord.

Two serious citations, with $6,000 in fines, have been issued for improper storage and dispensing of flammable liquids. Finally, the company has been issued one other-tha