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In addition to the fines, Panthera Painting Inc has been added to OSHA’s severe violator enforcement programme.
OSHA has cited Canonsburg-based Panthera Painting Inc with 38 alleged violations—including 14 willful and 11 repeat—for work at bridge work sites in Slatington, Harrisburg and Slatedale, where workers were exposed to the lead and other hazards while performing abrasive blasting and repainting projects. Proposed penalties total $459,844.
"The employer's refusal to correct the hazards, along with its history of failing to correct hazards, demonstrates a clear resistance to worker safety and health and leaves workers vulnerable to potential illnesses and injuries from overexposure to lead and other hazards," said MaryAnn Garrahan, OSHA regional administrator in Philadelphia. "Employers have a legal responsibility to provide workers with safe and healthful workplaces. Anything less is unacceptable."
The willful violations, with US$365,750 in fines, include failing to properly protect workers from exposure to lead and provide fall protection. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
The repeat violations, with US$63,294 in proposed penalties, relate to employee exposure to lead above the permissible exposure level; a lack of warning signs posted in lead work areas; failing to ensure workers showered at the end of each work shift; provide medical evaluations and fit tests for respirator users; notify employees of the results of lead monitoring; provide workers with initial medical surveillance for lead; provide blood tests every two months for employees exposed to lead; and certify the OSHA 300 injury and illness logs and monitor data in the lead compliance programmes. A repeat violation is issued 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. Similar violations were cited in 2011.
OSHA's severe violator enforcement programme mandates targeted follow-up inspections to ensure compliance with the law. The programme focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.
Panthera has been inspected by OSHA five times in the last five years with four of these inspections resulting in the issuance of serious citations.
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