Region 5 News Release: 12-2175-CHI
Nov. 7, 2012
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Labor Department's OSHA cites B.W. Supply in Lyons, Ohio, for
25 health and safety violations, proposes more than $205,000 in fines

LYONS, Ohio – The U.S. Department of Labor's Occupational Safety and Health Administration has cited B.W. Grinding Co., doing business as B.W. Supply, for 25 safety and health – including three willful – violations at the company's Lyons iron foundry. OSHA initiated an inspection May 7 upon receiving complaints alleging hazards, and the inspection later was expanded under the agency's local emphasis programs on powered industrial vehicles and primary metals industries. Proposed penalties total $205,100.

Two willful health violations involve failing to implement a hearing conservation program for workers who perform grinding operations as well as a respirator protection program that includes medical evaluations for workers who are required to wear powered air-purifying respirators. One willful safety violation is failing to provide personal protective equipment for employees working around molten metal. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

"Employers such as B.W. Supply are responsible for knowing the hazards that exist in their facilities, and taking all precautions necessary to ensure that workers are trained and protected against those hazards," said Kim Nelson, OSHA's area director in Toledo. "The use of personal protective equipment is an absolute necessity in the foundry industry and others that involve dangerous operations."

Twenty serious safety and health violations involve exposing workers to "struck-by" and crushing hazards from under-the-hook lifting devices and damaged safety latches on crane and hoist hooks, burn hazards from ladles, improper storage and labeling of flammable and hazardous liquids, a lack of railings, improper storage of respirators and operating a damaged skip hoist. Additionally, the employer failed to ensure that loads of molten metal were secured and stable for safe transport, perform daily inspections of powered industrial vehicles, remove damaged vehicles from service, provide safety guards on a wheel grinder, properly implement a respirator protection program that included fit testing, determine workers' exposure to silica, and provide personal protective equipment for workers' eyes, hands and faces. 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.

Two other-than-serious health violations are failing to properly record injuries and illnesses in the company's 2012 logs, and identify the names of workers who applied lockout devices. 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.

The citations can be viewed at
http://www.osha.gov/ooc/citations/B.W.GrindingCo.dbaB.W.Supply_444493_1106_12.pdf*
http://www.osha.gov/ooc/citations/B.W.GrindingCo.dbaB.W.Supply_444333_1106_12.pdf*

B.W. Supply employs about 40 workers at the iron foundry, which produces a variety of castings. The company was inspected by OSHA on two previous occasions, both in 2007, and was issued citations for a lack of machine guarding, the improper control of hazardous energy and hazards related to powered industrial vehicles.

The company has 15 business days from receipt of the 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.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Toledo Area Office at 419-259-7542. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency'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 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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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.

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