“Despite OSHA’s enforcement and outreach efforts, this company has continued to disregard their basic obligation under the Occupational Safety and Health Act,” said Roberto Sanchez, OSHA’s Birmingham area director.
Sanchez explained that OSHA cited United States Pipe and Foundry following an investigation of a fatal accident in 2004 at the company’s Bessemer facility. A missing safety latch on an overhead crane directly contributed to that accident. During the enhanced enforcement inspection at the Birmingham facility, OSHA found a similar hazard and issued a repeat citation, with a proposed penalty of $25,000, for lack of a safety latch on an overhead crane.
OSHA issued an additional eight repeat citations, with proposed penalties totaling $152,500, for lack of eye wash facilities; unguarded floor openings; confined space and electrical hazards; lack of machinery guards, and improper storage of compressed gas cylinders.
The company, a subsidiary of Walter Industries, also received 19 serious citations, with proposed penalties totaling $58,500, for alleged safety and health hazards that exposed workers to falls, amputations, electrocutions, hearing loss, eye injuries and respiratory illnesses.
Two weeks after the proposed citations were announced in February, Walter Industries announced its plans to do an initial public offering (IPO) of its Water Product Businesses, including US Pipe. The company said it intends to spin off the companies to shareholders six months after the IPO.
OSHA’s enhanced enforcement policy focuses on employers who receive “high gravity” citations for violations at the highest level of severity. Under the policy, announced in 2003, OSHA may conduct inspections at employer worksites other than the one where the original high gravity citations were issued and may seek a variety of remedies including federal court enforcement of citations.