Region 6 News Release: 14-1297-DAL
July 14, 2014
Contact: Diana Petterson Juan Rodriguez
Phone: 972-850-4710 972-850-4709
Email: petterson.diana@dol.gov rodriguez.juan@dol.gov

US Labor Department's OSHA cites Texas barge builder for 16 serious,
repeat, failure-to-abate safety violations for exposing workers to hazards
Sterling Shipyard LP fined $305,100

HOUSTON – Sterling Shipyard LP was cited for 16 serious, repeat and failure-to-abate violations by the U.S. Department of Labor's Occupational Safety and Health Administration for continuing to expose workers to safety hazards, including dangerous machinery, high noise levels without appropriate hearing protection and falls from heights above 6 feet. Proposed penalties total $305,100.

OSHA had originally cited the Port Neches barge builder in October 2013 for 13 serious safety and health violations with a fine of $62,550. When Sterling did not respond to the citations, a follow-up inspection was conducted in January 2014 that revealed Sterling had not corrected several of the hazardous conditions previously cited.

"By failing to abate violations cited from an earlier inspection, Sterling chose to ignore worker safety and expose employees to hazards that could lead to illness, injury or death. OSHA will not tolerate such negligence," said Mark Briggs, OSHA's area director in the Houston South Area Office.

Sterling was cited for three failure-to-abate violations, with a penalty of $214,200, for continuing to expose workers to machine, struck-by and fall hazards. A failure-to-abate notice applies to a condition, hazard or practice, found upon reinspection, for which the employer was originally cited and was not corrected.

Four repeat violations, with a penalty of $50,400, were cited for failing to equip surfaces 5 feet or higher with guardrails and replace worn and frayed electrical cords. A repeat violation exists when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The remaining 12 violations, including nine serious with a penalty of $40,500, were cited for failing to train workers who were operating forklifts; to perform regular crane inspections and guard portable machinery; and to provide hearing protection for workers exposed to noise. 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.

The citations can be viewed at http://www.osha.gov/ooc/citations/SterlingShipyard_905493_0711_14.pdf*, http://www.osha.gov/ooc/citations/SterlingShipyard_964993_0711_14.pdf*, http://www.osha.gov/ooc/citations/SterlingShipyard_954493_0711_14.pdf* and http://www.osha.gov/ooc/citations/SterlingShipyard_908918_0711_14.pdf*.

The company has 15 business days from receipt of its citations and proposed penalties to comply, request a conference or contest the findings before the independent Occupational Safety & 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 Houston South Area Office at 281-286-0583 or the Houston North Area Office at 281-520-6171.

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