Dec. 12, 2014
Fiabila USA and 2 staffing agencies expose workers to
explosion and chemical hazards at nail polish manufacturer. OSHA proposes $139,200
in penalties
MINE
HILL, N.J. – Permanent and temporary workers were exposed to
workplace dangers, including chemical hazards and vapors from flammable
liquids, at a Fiabila USA Inc. facility in Mine Hill. Following a complaint, an
inspection in May 2014 by the U.S. Department of Labor's Occupational Safety
and Health Administration found Fiabila workers and temporary
workers employed by two staffing agencies were exposed to hazards and other
dangerous safety and health violations at the plant. The inspection resulted in
30 OSHA citations against the nail polish manufacturer and staffing agencies.
Proposed penalties total $139,500.
Fiabila faces $109,200 in penalties for 23 serious violations
and two other-than-serious violations, which exposed plant employees to fire,
explosion and safety and health hazards related to flammable chemicals.
Inspectors found Fiabila stored thousands of pounds of flammable liquids
on-site in indoor storage tanks. One tank overflowed in July 2014 because of a
disabled or broken safety mechanism.
JobConnection Services Inc. in Dover provided general labor
staff to the nail polish manufacturing plant and faces $18,000 in fines for
three serious violations. Joulé Clinical & Scientific Staffing Solutions, a
division of System One, provided employees at Fiabila's quality control
laboratory. The agency's Parsippany office was cited for two serious citations,
carrying a $12,000 penalty. Both staffing agencies were cited for failure to
train temporary workers on chemical hazards, emergency action plans and proper
respirator use.
"Whether temporary or permanent, workers have a right
to a safe and healthy workplace. Staffing agencies and host employers are joint
employers of temporary workers. Both are responsible for providing and
maintaining safe working conditions free of potentially fatal hazards,"
said Kris Hoffman, director of Parsippany's Area Office.
Inspectors also found significant deficiencies in Fiabila's process safety management, lockout/tagout
and respiratory protection programs. A serious violation occurs when there is
substantial probability that death or serious physical harm could result from a
hazard about which the employer knew or should have known.
View the citations for Fiabila, JobConnection Services Inc.
and Joulé Clinical & Scientific Staffing Solutions at
http://www.osha.gov/ooc/citations/fiabila_975276_1125_14.pdf* http://www.osha.gov/ooc/citations/fiabila_978400_1125_14.pdf* http://www.osha.gov/ooc/citations/fiabila_975276_102414.pdf* http://www.osha.gov/ooc/citations/jobconnection_979468_1125_14.pdf* http://www.osha.gov/ooc/citations/jobconnection_980226_1125_14.pdf* http://www.osha.gov/ooc/citations/joule_979857_1125_14.pdf* http://www.osha.gov/ooc/citations/joule_996945_1125_14.pdf*
The three companies have 15 business days from receipt of
their 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.
To ask questions, obtain compliance assistance, file a
complaint, or report workplace hospitalizations, fatalities or situations
posing imminent danger to workers, the public should call OSHA's toll-free
hotline at 800-321-OSHA (6742) or the agency's Parsippany Area Office at
973-263-1003.
Under the Occupational Safety and
Health Act of 1970, employers are responsible for providing safe and
healthful workplaces for their employees. OSHA's role is to ensure these
conditions for America's working men and women by setting and enforcing
standards, and providing training, education and assistance. For more
information, visit http://www.osha.gov.