OSHA Enforcement: Proposed Penalty Assessment Addressing Kenton, Ohio, Resin Manufacturing Facility

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

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The Occupational Safety and Health Administration (“OSHA”) issued a May 18th news release stating that it was issuing penalties for alleged violations to Durez Corp. (“Durez”).

The news release describes the Durez facility (“Facility”) as a resin manufacturer in Kenton, Ohio.

OSHA is stated to have opened an inspection in December 2022. It allegedly determined that the Facility failed to follow certain required safety measures involving:

  • Dangers of chemical exposure
  • Potential explosion

The news release references an alleged failure to prevent resin accumulations from exposing control room workers to respiratory and fire hazards.

Cited violations are stated to include:

  • Failure to ensure the HVAC system effectively maintained a positive pressure on the control room and automatically shut off in the event of a formaldehyde release
  • Absence of an effective housekeeping program to minimize the amount of combustible resins on surfaces throughout the Facility

OSHA has proposed penalties of $171,884.

The company has 15 business days from receipt of the 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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