The company, a metal fabricating corporation which manufactures custom door frames, is being cited with one alleged willful, five alleged serious and four alleged repeat violations, with a total proposed penalty of $102,600. One of the citations, under the General Duty clause, was for ergonomic issues related to material handling.
"Security Metal Products failed to protect its employees from numerous hazards which could cause serious injuries," said John L. Henshaw, Assistant Secretary of Labor for Occupational Safety and Health. "OSHA's aim is to ensure that this company will take responsibility to step up and protect its workers."
The alleged willful violation is for lack of or inadequate guarding at the point of operation on press brakes. The company is also being cited alleged serious violations including failure to use lockout/tagout procedures; failure to guard mechanical power press flywheels; failure to protect against accidental activation of foot pedals; and failure to report mechanical power press point-of operation injuries.
A serious violation is one where there is substantial probability that death or serious physical harm could result, involving a hazard about which the employer knew or should have known. A willful violation is one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. OSHA issues a repeat violation when an employer has been previously cited for a substantially similar hazard in the last three years and that citation has become final.
The company has 15 working days from the receipt of the citations to decide to comply, to request an informal conference with the OSHA area director, or to contest the citations and proposed penalties before the Independent Occupational Safety and Health Review Commission.