Region 6 News Release: DOL-OSHA-10-1507-DAL
Nov. 10, 2010
Contact: Elizabeth Todd Juan Rodriguez
E-mail: todd.elizabeth@dol.gov rodriguez.juan@dol.gov
Phone: 972-850-4710 972-850-4709

US Department of Labor's OSHA cites Fortune Plastic and Metal Texas
in Dallas for allegedly exposing workers to lead poisoning

DALLAS – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Fortune Plastic and Metal Texas LLC with six alleged serious and six alleged repeat violations following a safety and health inspection at the company's worksite in Dallas. Proposed penalties total $125,000.

"This company should have implemented engineering and work practice controls to prevent workers from being exposed to lead poisoning," said Stephen Boyd, OSHA's area director in Dallas. "OSHA's standards must be followed to prevent injuries and fatalities."

OSHA began its inspection on May 12 at the company's worksite on East Kiest Boulevard in Dallas after receiving a complaint alleging workers were being exposed to lead while cutting lead cable that was to be recycled.

The serious violations include failing to ensure open-sided floors and platforms were guarded, monitor employee exposure to lead at required frequency and notify employees of their exposure monitoring results. A serious violation is one in which there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Repeat violations include failing to develop, document and utilize procedures to control potentially hazardous energy; use flexible cords and/or cables as a substitute for fixed wiring; prevent exposure to lead at concentration greater than 50 micrograms per cubic meter of air over an eight-hour period; and implement engineering and work practice controls to reduce and maintain employee exposure to lead. A repeat violation is issued when an employer previously has been cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Detailed information about lead hazards and safeguards is available on OSHA's website at http://www.osha.gov/SLTC/lead.

Fortune Plastic and Metal Texas has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Dallas Area Office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions about workplace safety and health standards can call OSHA's Dallas Area Office at 214-320-2400 or the agency's toll-free hotline at 800-321-OSHA (6742) to report workplace accidents, fatalities or situations posing imminent danger to workers.

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 releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.