OSHA Cites Miami Recycler for Failing to Protect Employees from Lead Exposure

The U.S. Department of Labor's Occupational Safety and Health Administration has issued citations to Lead Enterprises Inc., a lead recycling and manufacturing company based in Miami, alleging that the company knowingly neglected to protect employees from lead exposure. The company is being cited with 32 safety and health violations, and has been assessed $307,200 in total proposed penalties.

In a release, Dr. David Michael, OSHA’s assistant secretary of Labor, says, "This company was well aware of what it needed to do to protect its workers from a well-known hazard, but failed to provide that protection."

As a follow-up to a 2009 inspection, OSHA conducted a July 2010 inspection that resulted in four willful citations and proposed penalties of $224,000. The citations allege violations of OSHA's lead standard, including exposing workers to lead above the permissible exposure limit; not providing engineering controls to reduce exposure; failure to perform ventilation measurements; failure to provide a clean change area; and failure to provide a suitable shower facility for workers exposed to lead above the permissible level.

Additionally, 21 serious citations with proposed penalties of $70,400 allege that Lead Enterprises failed to perform an initial exposure determination for workers who clean the facility, to conduct quarterly monitoring, to notify workers of air monitoring results, to provide appropriate protective clothing, to maintain surfaces free from lead accumulation, to properly store oxygen and acetylene tanks in the facility, properly install production equipment and to fix or remove defective forklift trucks.

"The management of Lead Enterprises acknowledged awareness of the OSHA lead standard and the dangers associated with lead exposure but continued to allow the hazard to exist, exposing employees to a serious health risk," says Darlene Fossum, OSHA's area director in Fort Lauderdale.

Three repeat citations with a proposed penalty of $11,200 have been issued, alleging that the company failed to cover electrical wires on a furnace fan motor and record injuries on the OSHA recordkeeping forms for 2008 and 2010.

Two other-than-serious citations were issued with $1,600 in proposed penalties for failing to record instances of medical removal on OSHA 300 logs, and label containers that held lead-contaminated clothing. Two additional other-than-serious citations with no monetary penalties have been issued for failing to certify forklift operators and notify the laundering facility of lead exposure dangers.

In August 2010, OSHA issued citations to E.N. Range Inc., Miami, a sister company of Lead Enterprises. E.N. Range is the primary lead supplier for Lead Enterprises, and both companies have the same owner. The earlier citations alleged that E.N. Range knowingly neglected to protect employees who clean gun ranges from serious overexposure to lead. E.N. Range also was cited for providing, without medical supervision, non-Food and Drug Administration-approved treatments for lead exposure. The company was cited for more than 50 violations of the lead and other standards, with total proposed penalties of $2,099,600. It is currently contesting the citations and penalties.

Lead Enterprises has 15 business days from receipt of the citations and proposed penalties to comply or contest the findings before the independent Occupational Safety and Health Review Commission.