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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151.
The Occupational Safety and Health
Administration(OSHA)today proposed $448,500 in penalties against Trinity
Industries, Caruthersville, Mo., for alleged safety violations that resulted in
two fatalities.
The two employees suffered fatal burn injuries at the
barge manufacturing facility while performing welding operations inside a
confined space which had just been painted. The accident occurred on March 8,
1995. OSHA initiated its inspection two days later, but was forced to obtain an
administrative search warrant in order to continue the inspection.
The Caruthersville facility was cited for seven willful
violations which included lack of a firewatch inside and an attendant outside
of the confined space; lack of an established rescue team; failure to exercise
proper precautions while welding operations were performed on combustible
surface coatings; failure to report the fatalities within eight hours; failure
to perform inspections and tests for flammable and toxic atmospheres;
inadequate employee training regarding chemical hazards and working in confined
spaces; and fire extinguishers unavailable for immediate use.
The company was also cited for four serious violations
alleging it did not have a competent person properly trained relative to the
requirements and hazards of working in confined spaces; inaccurate
recordkeeping of inspection and tests taken of confined spaces; unsafe
electrical equipment; and fire extinguishers not available for instant use.
The company, owned by Trinity Industries, Inc., is a
nationwide corporation with businesses in both the railroad and marine
industries. Trinity Industries, Inc., has a long- standing record of OSHA
inspections, citations and litigation. In other incidents OSHA also had to
obtain warrants to conduct investigations at the firm's facilities. In this
incident, the company failed to honor the administrative search warrants and
failed to comply in full with the subpoenas served on them. Following a hearing
on the administrative warrant, the U.S. magistrate ordered Trinity to allow the
investigation to continue.
Assistant Secretary of Labor for Occupational Safety and
Health Joseph A. Dear said, "For a company to put workers at risk and then
obstruct an investigation is completely intolerable. OSHA will continue to
vigorously enforce the law against employers like Trinity Industries, Inc. who
disregard worker safety and health."
Willful violations are those committed with an intentional
disregard of, or plain indifference to, the requirements of the Occupational
Safety and Health Act and regulations.
A serious violation is one in which there is substantial
probability that death or serious physical harm could result, and the employer
knew or should have known of the hazard.
The company has 15 working days to contest the citations
and proposed penalties before the independent Occupational Safety and Health
Review Commission.
SUMMARY OF CITATIONS AND PENALTIES
TRINITY INDUSTRIES,
INC.
Alleged Willful Violations
Failure to report the fatality within eight hours.
$5,000
Failure to perform inspections and tests for flammable and
toxic atmospheres. $70,000
Inadequate employee training regarding chemical hazards and
working in confined spaces. $70,000
Lack of a firewatch inside and an attendant outside of the
confined space. $70,000
Lack of an established rescue team. $70,000
Failure to exercise proper precautions while welding
operations were performed on combustible surface coatings.
$70,000
Performing welding functions in an area where flammable
paints created a hazard. $70,000
TOTAL PROPOSED PENALTIES FOR ALLEGED WILLFUL VIOLATIONS
$425,000
Alleged Serious Violations
Lack of properly competent person trained in the
requirements and hazards of working in confined spaces.
$7,000
Inaccurate recordkeeping of inspection and tests taken of
confined spaces. $2,500
Suitable fire extinguishers not available for instant use.
$7,000
Unsafe electrical equipment. $7,000
TOTAL PROPOSED PENALTIES FOR ALLEGED SERIOUS VIOLATIONS
$23,500
GRAND TOTAL OF PROPOSED PENALTIES $448,500
Archived News Release--Caution:
information may be out of date.
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