September 30, 2021US Department of Labor finds Tampa smelter willfully exposedworkers to unsafe levels of airborne lead, despite experts’ warningOSHA proposes $319K in penalties to address violations

TAMPA, FL – Despite warnings since March 2020 of unsafe measures of lead exposure, a Tampa battery recycling facility and smelter failed to make changes that resulted in worker exposure to lead inhalation hazards, a federal workplace safety investigation found.

The U.S. Department of Labor’s Occupational Safety and Health Administration cited Envirofocus Technologies LLC – operating as Gopher Resource LLC – with a willful violation for exposing workers to inhalation hazards. The company also failed to provide employees with adequate respirators that could have kept worker exposure to hazardous substances at or below the allowable level.

OSHA also cited Gopher Resource for:

Allowing cadmium, lead and inorganic arsenic exposure levels above the permissible exposure limit.
Not implementing adequate engineering and work practice controls to prevent lead and inorganic arsenic exposure levels above the permissible exposure limit.
Failing to provide an annual update of the written compliance program for cadmium, inorganic lead and arsenic.
Allowing workers to share aluminized jackets that were damaged and stored in the open, and exposed to lead.
Requiring workers to wear respirators that were not fit-tested annually.
Using shoveling, sweeping or brushing methods to remove lead accumulations.
Not identifying all hazards on entry permits.

Proposed penalties total $319,876.

“This employer put their bottom line above the safety and well-being of their workers,” said OSHA Area Director Danelle Jindra in Tampa. “Every worker has the right to a safe workplace, and they should never have to decide between their own health and earning a living. Continuing to put workers in harm’s way is unacceptable, and OSHA will continue to hold employers like Gopher Resource responsible.”

OSHA also cited A & B Maintenance & Construction Inc., a Tampa-based company that provides supplemental maintenance at the Gopher facility, for exposing workers to health hazards by failing to maintain a written respiratory protection program and allowing lead exposure in excess of the permissible exposure limit. The company faces $16,384 in penalties.

Gopher Resource is a secondary lead smelter. It recycles automotive batteries by separating the battery components to capture lead, acid and plastic, then processes those materials.

The companies have 15 business days from receipt of their 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.

Learn more about controlling exposure to chemical hazards and toxic substances.

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 workers by setting and enforcing standards, and providing training, education and assistance.

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Media Contacts:

Eric R. Lucero, 678-237-0630, lucero.eric.r@dol.govErika B. Ruthman, 678-237-0630, ruthman.erika.b@dol.gov

Release Number: 21-1718-ATL

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

September 29, 2021US Department of Labor cites Colorado dairy farm operator for violationsafter vacuum truck driver suffers fatal injuries in unguarded manure pitShelton Land and Cattle exposed workers to drowning hazards

LASALLE, CO – A federal workplace safety investigation into the death of a 44-year-old worker, who drowned when the vacuum truck he was driving entered an unguarded manure holding pit, concluded that a LaSalle dairy farm failed to protect its workers from drowning and chemical hazards.

The U.S. Department of Labor’s Occupational Safety and Health Administration cited Shelton Land and Cattle Ltd. – doing business as Shelton Dairy Corp. – following its investigation of the March 30, 2021, incident. OSHA determined that the employer failed to implement measures to protect employees from drowning or crushing hazards, did not have a hazard communication program, and failed to train workers on hazardous chemicals in the workplace. The company faces $24,575 in proposed penalties.

Inspectors learned that the driver was offloading manure when the truck drove into the 12-foot deep pit, trapping the worker inside the submerged cab. The worker died the following day in a nearby hospital.

“Manure pits are known hazards in dairy farming operations,” said OSHA Area Director Amanda Kupper in Denver. “If required guarding had been installed, this worker’s life could have been spared.”

Shelton Land and Cattle operates a dairy farm with about 2,800 heads of cattle and 65 employees.

The company has 15 business days from receipt of 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.

Learn more about OSHA requirement for agricultural operations.

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Media Contacts:

Chauntra Rideaux, 972-850-4710, rideaux.chauntra.d@dol.govJuan J. Rodríguez, 972-850-4709, rodriguez.juan@dol.gov

Release Number: 21-1751-DAL

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).