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Citation for water tank construction firm withdrawn

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Citation for water tank construction firm withdrawn

An administrative law judge of the Occupational Safety and Health Review Commission on Monday affirmed the withdrawal of citation given to a water tank construction firm after an Occupational Safety and Health Administration inspector cited it for not providing adequate ventilation for workers welding inside a large access tube in Appleton, Wisconsin.

Louisville, Kentucky-based Caldwell Tanks Inc. contested a citation issued in April 2016 when a compliance safety and health officer found workers welding within a confined space without proper ventilation, which OSHA claimed goes against regulation intended to keep workers safe from the toxic “plume” generated when certain metals are burned at high temperatures, according to records in Secretary of Labor v. Caldwell Tanks Inc.

OSHA proposed a penalty of $3,400.

Wilson Frazier, director of environmental health and safety for Caldwell Tanks, said the company is pleased with the withdrawal, as the metals in this instance were not proven to pose health concerns for workers, but that “we would have liked a ruling.”

Without a ruling, OSHA can continue to improperly cite businesses under similar circumstances, he said.

It is unfair to businesses “if OSHA continues to take the position (for a violation) that if you are welding in a confined space even there is no potential for a hazard you (that) still have to provide ventilation,” he said.

 

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