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OSHA Fines Newark, NJ Company $212,400 for Workplace Safety and Health Hazards

By Paul Napoli

December 13, 2009

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Solid Waste Transfer & Recycling Inc., of Newark, NJ, for alleged safety and health violations and proposed penalties totaling $212,400.

On June 3, 2009, OSHA inspected Solid Waste Transfer & Recycling Inc. facilities as part of a proactive program targeting companies in industries with high injury and illness rates.

OSHA issued Solid Waste Transfer & Recycling Inc. citations for four willful violations with a penalty of $198,000 after the inspection found the company failed to have an adequate lockout procedures and a lack of machine guards. OSHA defines a willful violation as one committed with plain indifference to, or intentional disregard for, employee safety and health.

OSHA also found blocked exits, inadequate energy control procedures, lack of training, failure to properly mark compressed gas cylinders and effectively close electrical box openings, the agency issued citations for six serious violations with a penalty of $14,400. A serious citation is issued when there is a substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"Lockout procedures are designed to safeguard workers from the unexpected startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities," said Phil Peist, area director of OSHA's office in Parsippany, N.J. "It is imperative that the company correct the identified hazards to protect the safety and health of its workers."

Solid Waste Transfer & Recycling Inc. must comply, request an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission within 15 business days from receipt of the citations.

"One means of helping ensure worker safety is for employers is to establish an effective safety and health management system through which they and their employees work together to proactively evaluate, identify and eliminate hazards before they result in injury or illness," said Robert Kulick, OSHA's regional administrator in New York.

Many factors must be taken into consideration when determining if a worker's injury or death was the result of negligence, equipment failure or dangerous working conditions. If you have been injured while on the job, you may be entitled to compensation such as medical expenses and lost wages or the funeral expenses, lost prospect of receiving an inheritance and the loss of financial support for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka, LLP we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NBRLawFirm.com today.

Originally posted at InjuryBoard by Paul Napoli

Full post as published by New York City Personal Injury Lawyer on December 14, 2009 (boomark / email).