Area firms contest workplace safety citations
AUGUST 20, 2015
SCOTT DONNELLY sdonnelly@poststar.com
Two area businesses facing Occupational Safety and Health Administration citations for workplace safety violations have opted to contest the department’s findings.
International Paper was placed on OSHA’s “Severe Violator Enforcement Program” in July for safety issues related to the death of a worker in January.
Hyatt Ball Co., of Fort Edward, was hit with 48 serious violations of federal workplace safety laws in April, as a result of an inspection prompted by employee complaints.
Both firms have filed notices of contest in the cases, according to Ted Fitzgerald, a spokesman for OSHA.
The notices were withheld by OSHA on the grounds that their release to the public could “reasonably be expected to interfere with enforcement proceedings.” A request for reconsideration on the grounds that the document is in possession of both sides in the case was denied, and no further explanation for decision to withhold the documents was provided.
International Paper, which employs about 600 at its Ticonderoga plant, was inspected by OSHA after the Jan. 23 death of Jorg Borowski. He died after suffering burns while trying to remove burned filter bags full of combustible “fly ash dust” from a dust collector in the facility’s power plant, according to the OSHA report.
The death could have been prevented because IP knew about hazards that contributed to the accident, said Kim Castillon, OSHA’s area director in Albany, in announcing results of the inspection.
International Paper faces fines up to $211,000 for the violations. Further details about the notice of contest were not available this week.
IP spokeswoman Donna Wadsworth would not comment for this story beyond a prepared e-mail statement saying, “The notice of contest allows us additional time to work with OSHA on their findings as we’ve done throughout this process.”
In the Hyatt Ball case, company principals met with OSHA officials in April at the federal agency’s Albany office, though the parties failed to reach a settlement of the case. However, according to U.S. Department of Labor documents posted online, the violations against Hyatt Ball now stand at 20 serious infractions, carrying a fine of up to $53,200.
The federal agency initially said fines could reach $105,200 for the original list of violations.
Hyatt Ball CEO Robert Simpson did not return calls for comment this week.
The company continues to operate, and Fitzgerald previously said Hyatt Ball has taken some corrective measures regarding the workplace safety violations.Hyatt Ball makes “phenolic balls” used in the fracking process for extracting oil and natural gas from shale rock formations. The OSHA inspection found problems that could lead to explosions and said Hyatt Ball failed to observe a host of safety rules related to lockout/tagout maintenance protocols, fire alarms, fire suppression systems and unobstructed exit routes, among other issues