OSHA Enforcement: Conley, Georgia, Chemical Manufacturing Facility and its Maintenance Contractor Cited for Alleged Violations

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

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The Occupational Safety and Health Administration (“OSHA”) announced in a May 16th news release that it had cited Arch Wood Protection, Inc. (“AWPI”) and Mullins Mechanical & Welding, LLC (“Mullins”) for alleged violations.

The news release describes AWPI as operating a chemical manufacturing facility (“Facility”) in Conley, Georgia, and Mullins as the Facility’s maintenance contractor.

OSHA cited AWPI for the following violations:

  • Exposing workers to inorganic arsenic at up to 20 times above the allowable exposure limit.
  • Allowing hazardous inorganic dust to accumulate on desks, food packaging, lockers, refrigerators, and the inner surfaces of workers’ respirators.
  • Not requiring employees using respirators to remove facial hair that might prevent a proper fit and seal.
  • Allowing workers to enter regulated areas without a respirator.
  • Not requiring contractors to change clothing and decontaminate properly at the end of their shifts.
  • Allowing pallets of materials to block emergency eyewash and shower stations.
  • Not providing adequate eye protection for workers handling inorganic arsenic acid samples.

The inspection was stated to have been initiated after screening tests by the Georgia Poison Center identified elevated levels of arsenic.

Mullins was cited for four violations which included not providing appropriate decontamination procedures and equipment after working in regulated areas.

The proposed penalties for Arch are $124,780 and $53,574 for Mullins.

Both companies have 15 days from receipt of their citations and penalties to comply, request an information conference with OSHA’s Area Director, or can testify the findings before the independent Occupational Safety and Health Review Commission.

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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