Region 4 News Release: 11-52-ATL (21)
Jan. 25, 2011
Contact: Michael D'Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
E-mail: D'Aquino.Michael@dol.gov Wald.Michael@dol.gov

US Labor Department's OSHA proposes more than $79,000 in penalties against
Newnan, Ga., transmission repair shop for safety and health violations

NEWNAN, Ga. – The U.S. Department of Labor's Occupational Safety and Health Administration is citing Drive Power Inc. of Newnan for multiple health and safety violations carrying proposed penalties of $79,350. OSHA originally conducted safety and health inspections in February 2010, and the citations announced today stem from follow-up inspections OSHA conducted in July and September. OSHA determined that the company has failed to correct the violations discovered in February.

OSHA has issued the company a safety-related failure-to-abate notice with a $36,000 penalty for failing to correct hazards associated with compressed air used for cleaning parts. A health-related failure-to-abate notice has been issued for the company's failure to require that employees use protective gloves when handling chemicals. The penalty for that infraction is $20,250. A failure-to-abate notice is issued, and additional fines proposed, when an employer fails to correct previously cited hazards.

"Although OSHA staff pointed out deficiencies during previous inspections and management agreed to correct them, the company failed to follow through on its responsibilities," said Andre Richards, director of OSHA's Atlanta-West Area Office.

OSHA has issued one repeat citation with a $15,000 penalty and two serious citations with a $6,000 penalty for safety violations. The citations allege hazards associated with lockout/tagout procedures and electrical deficiencies, and that the company failed to certify powered industrial truck operators.

OSHA also has issued the company two repeat and one other-than-serious citations with $2,100 in penalties for alleged health violations. Citations were issued for failing to implement a written respirator protection program, conduct hazardous communications training and certify that a personnel protective equipment hazard assessment was conducted.

A serious citation is issued 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. 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. A repeat citation is issued 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.

The company has 15 business days from receipt of the citations and proposed 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. The site was inspected by staff from OSHA's Atlanta-West Area Office, 2400 Herodian Way, Suite 250, Smyrna, GA 30080; telephone 770-984-8700. To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

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