OSHA Enforcement: Commerce, Georgia, Electric Vehicle Battery Manufacturing Facility Proposed Penalty Assessment

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Occupational Safety and Health Administration (“OSHA”) issued an April 8th news release describing a proposed penalty assessment for SK Battery America Inc. (“SK”).

SK is described as a global electric vehicle battery manufacturer operating a facility in Commerce, Georgia.

OSHA is stated to have investigated the Commerce, Georgia, facility after a fire. SK was cited for five violations after the company allegedly did the following:

  • Exposed workers to inhalation hazards, including hydrofluoric acid vapors produced in lithium battery fires, by failing to establish a complete emergency response plan.
  • Did not ensure their staffing agency, Moveret Inc., who supplied workers at the site, made their employees aware of the hazards associated with lithium battery fires.
  • Failed to train on-site emergency responders and members of the fire brigade on hazards associated with lithium battery fires and equip them to treat employees exposed to such hazards.
  • Did not train workers on hazardous chemicals in their work areas and a means to protect themselves from lithium battery fires.
  • Failed to annually fit-test workers required to utilize tight-fitting facepiece respirators.

OSHA states that it cited SK in 2023 for allegedly exposing employees working with cobalt, nickel, and total dust to levels above the Permissible Exposure Limit and failing to institute feasible administrative or engineering controls.

OSHA has proposed penalties of $77,200 for the current alleged violations.

A copy of the news release can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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