US Department of Labor's OSHA proposes $449,680 fine for Fontarome Chemical after inspection finds 23 serious safety and health violations
ST. FRANCIS, Wis. — Fontarome Chemical Inc. has been cited for 23 safety and health violations — including seven willful, one repeat and 15 serious — by the U.S. Department of Labor's Occupational Safety and Health Administration. The company has been placed in OSHA's Severe Violator Enforcement Program, and the citations carry proposed penalties of $449,680.
"It is clear that Fontarome Chemical continued to fail in its obligation to create a safe working environment for employees managing highly hazardous chemicals," said Chris Zortman, OSHA's area director in Milwaukee. "OSHA is committed to ensuring conditions are improved at the plant and that all cited safety violations have been corrected by the current company management."
OSHA initiated an inspection in December 2013 after the company failed to fix hazards following an April 2012 fire at the pharmaceutical manufacturing facility, which uses the chemical thionyl chloride. Exposure to thionyl chloride, often used to produce ingredients for pharmaceuticals and the flavor and fragrance industries, can cause serious eye, skin and respiratory issues.
Since OSHA initiated the inspection, the company has been sold. In April 2014, SFM Investments LLC became the primary owners of the company, now operating as Apiscent Labs.
Five of the willful violations involve OSHA's process safety management regulations, which contain specific requirements for protecting workers from highly hazardous chemicals. The violations involve failing to establish safe operating procedures, develop safety information for equipment, correct problems and perform tests and inspections in accordance with the manufacturer's recommendation and other recognized and accepted good practices.
The other two willful violations involve failing to provide specific procedures to protect workers from dangerous machines during maintenance, to provide ventilation for emissions, and to remove and replace temporary wiring installed during the fire restoration project. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.
The company was cited for one repeat violation for not properly fitting employees required to wear full and half-face, air-purifying respirators. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Fontarome Chemicals was previously cited for this violation in October 2012. Since 2009, the company has been inspected by OSHA four times, resulting in 24 violations.
Fontarome Chemical was cited for 15 serious violations for process safety management regulations; forklift training; storage and availability of fire extinguishers; training employees on the proper use of personal protective equipment to avoid skin and respiratory tract contact with chemical irritants; obstructed exit routes; and violations of lockout/tagout procedures to isolate energy.
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:
The company has 15 business days from receipt of its 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 Milwaukee Area Office at 414-297-3315.
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.