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Excerpts from OSHA Citation and Notification of Penalty to Herron Testing Laboratories, Cleveland

On July 6, 2000, the Occupational Safety and Health Administration (OSHA) issued a Citation and Notification of Penalty for Herron Testing Laboratories. The citation is based on a recent inspection of the Cleveland laboratory. In May 2000, Herron workers filed complaints with OSHA alleging that -- Employees were exposed to hazardous chemicals including beryllium, magnesium, stainless steel, and alloys with no ventilation system in place; There was no training for chemicals including beryllium and other chemicals; and There had been no air monitoring conducted for exposure to beryllium in different areas where they handle the beryllium. An employee also provided the following pictures to OSHA, showing the copper beryllium dust in and around the machine room of the Herron building: While OSHA did conduct some air sampling and swipe sampling, the agency did not test the dust on the machines or the dust on the floor surrounding the machines. The most serious of Herron’s citations was allowing their employees to eat and drink in a toxic environment and failing to notify the employees with information and training to ensure they were aware of the dangers in the workplace. For a copy of the full report or for more information, email or call Amy Ryder, (216) 861-5200. July 6, 2000 U.S. Department of Labor Occupational Safety and Health Administration Federal Office Building, Room 899 1240 East 9th Street Cleveland, OH 44199 (216) 522-3818 To: Stork Herron Testing Laboratories, Inc. and its successors 5405 E Schaaf Road Independence, OH 44131 Inspection Number: 303481410 Inspection Dates: 05/23/2000 - 06/27/2000 See also OSHA detail. Citation 1, Item 1 Type of Violation: Serious 29 CFR 1910.141 (g)(2): Employees were permitted to consume food or beverage in area(s) exposed to toxic materials: On May 23, 2000, employees were observed eating and drinking in the machine shop where they are exposed to toxic metals, including but not limited to beryllium, chromium, copper, manganese, nickel and zinc. Abatement documentation required on this item. Date by which violation must be abated: 07/14/2000 Proposed penalty: $1,500.00 Citation 1 Item 2 Type of Violation: Serious 29 CFR 1910.212(a)(3)(ii): Point(s) of operation of machinery were not guarded to prevent employee(s) from having any part of their body in the danger zone(s) during operating cycle(s): On May 26, 2000, at least four band saws in the machine shop were running without guards on the unused portion of the blades. Date by which violation must be abated: corrected during inspection Proposed penalty: $1,875.00 The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for illness. Citation 1 Item 3a Type of Violation: Serious 20 CFR 1910.1450(e)(1): Where hazardous chemicals were used in the workplace, the employer did not develop and carry out the provisions of a written Chemical Hygiene Plan which was capable of protecting employees from health hazards associated with hazardous chemicals and which was capable of keeping exposures below the limits specified in 29 CFR 1910.1450©: On May 23, 2000, there was no Chemical Hygiene Plan covering employee exposure to hazardous substances including, but not limited to, beryllium, chromium, copper, manganese, nickel and zinc. Abatement documentation required on this item: Date by which violation must be abated: 08/08/2000 Proposed penalty: $1,875.00 Citation 1 Item 3b Type of Violation: Serious 29 CFR 1910.1450(f)(1): The employer did not provide laboratory employees with information and training to ensure that they were apprised of the hazards of chemicals in their work area: As of May 23, 2000, employees in the machine shop were not trained on the toxic metals with which they worked. Abatement documentation required on this item. Date by which violation must be abated: 08/08/2000 Citation 2 Item 1 Type of Violation: Other 20 CFR 1910.157©(1): Portable fire extinguishers were not mounted, located and identified so that they were readily accessible without subjecting the employees to injuries: On May 26, 2000, there were two unmounted fire extinguishers in the Stress Rupture room. Date by which violation must be abated: corrected during inspection Proposed penalty: $0.00 Important Notice The proposed penalties assessed for this inspection’s citation(s) reflect reductions that may have been granted for the size, good faith and history of the employer. Proposed Penalty $5,250.00 Informal Settlement Offer An additional 30% reduction in penalties will be granted if all citation items are abated and the Informal Settlement agreement is signed and returned by the employer to OSHA within 15 Federal working days (excluding weekends and Federal holidays) of the receipt of the citation. Penalties must be submitted no longer than 14 days after the Informal Settlement Agreement is executed. A detailed abatement plan must be submitted with the Informal Settlement Agreement for those items which have not been abated and will require a longer abatement period. Reduced Penalty Amount for Informal Settlement: $3,675.00 Corrective action taken by you for each alleged violation should be submitted to this office on or about the abatement date(s) indicated on the Citation and Notification of Penalty and included with the submitted Informal Agreement Settlement.