OSHA Enforcement: Houston, Texas Metal Powder Coating Company Proposed Penalties for Alleged Violations

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

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The Occupational Safety and Health Administration (“OSHA”) issued a July 1st news release stating that it had proposed penalties for alleged violations by Outdoor Furniture Refinishing, Inc. (“OFRI”).

The news release describes OFRI as a metal powder coating company.

The alleged violations relate to OFRI’s failure to do the following:

  • Protect employees in powder-coating operations from inhalation hazards.
  • Have engineering controls for noise, an effective hearing conservation program and noise monitoring in place and equip employees with hearing protection.
  • Protect workers by maintaining a spray booth.
  • Ensure that respirators were provided and used properly.
  • Have changing rooms and showers specifically for employees overexposed to arsenic, beryllium and lead, and provide required training and medical surveillance. or air monitoring for overexposure to these substances.
  • Maintain electrical equipment as required.
  • Protect employees against harmful dust overexposure.
  • Ensure arsenic, beryllium and lead was safely blown off of clothing.
  • Establish regulated areas for arsenic and beryllium.
  • Develop and implement a hazard communication program.

OFRI is stated to offer refinishing services for industrial, residential, and commercial customers.

OFRI has 15 business days from receipt of citations and penalties to comply, request an informal conference with OSHA’s Area Director, or contest 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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