Dec. 12, 2014

Fiabila USA and 2 staffing agencies expose workers
to explosion and chemical hazards at nail polish manufacturer
OSHA proposes $139,200 in penalties

MINE HILL, N.J. – Permanent and temporary workers were exposed to workplace dangers, including chemical hazards and vapors from flammable liquids, at a Fiabila USA Inc. facility in Mine Hill. Following a complaint, an inspection in May 2014 by the U.S. Department of Labor's Occupational Safety and Health Administration found Fiabila workers and temporary workers employed by two staffing agencies were exposed to hazards and other dangerous safety and health violations at the plant. The inspection resulted in 30 OSHA citations against the nail polish manufacturer and staffing agencies. Proposed penalties total $139,500.

Fiabila faces $109,200 in penalties for 23 serious violations and two other-than-serious violations, which exposed plant employees to fire, explosion and safety and health hazards related to flammable chemicals. Inspectors found Fiabila stored thousands of pounds of flammable liquids on-site in indoor storage tanks. One tank overflowed in July 2014 because of a disabled or broken safety mechanism.

JobConnection Services Inc. in Dover provided general labor staff to the nail polish manufacturing plant and faces $18,000 in fines for three serious violations. Joulé Clinical & Scientific Staffing Solutions, a division of System One, provided employees at Fiabila's quality control laboratory. The agency's Parsippany office was cited for two serious citations, carrying a $12,000 penalty. Both staffing agencies were cited for failure to train temporary workers on chemical hazards, emergency action plans and proper respirator use.

"Whether temporary or permanent, workers have a right to a safe and healthy workplace. Staffing agencies and host employers are joint employers of temporary workers. Both are responsible for providing and maintaining safe working conditions free of potentially fatal hazards," said Kris Hoffman, director of Parsippany's Area Office.

Inspectors also found significant deficiencies in Fiabila's process safety management, lockout/tagout and respiratory protection programs. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

View the citations for Fiabila, JobConnection Services Inc. and Joulé Clinical & Scientific Staffing Solutions at
http://www.osha.gov/ooc/citations/fiabila_975276_1125_14.pdf*
http://www.osha.gov/ooc/citations/fiabila_978400_1125_14.pdf*
http://www.osha.gov/ooc/citations/fiabila_975276_102414.pdf*
http://www.osha.gov/ooc/citations/jobconnection_979468_1125_14.pdf*
http://www.osha.gov/ooc/citations/jobconnection_980226_1125_14.pdf*
http://www.osha.gov/ooc/citations/joule_979857_1125_14.pdf*
http://www.osha.gov/ooc/citations/joule_996945_1125_14.pdf*

The three companies have 15 business days from receipt of their 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.

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 Parsippany Area Office at 973-263-1003.

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

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Media Contacts:

Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov
Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov

Release Number: 14-2195- NEW (osha 14-100)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.