Dennis Kenny Law
Menu Contact
View Our Practice Areas

New York Company Fined $49,210 For OSHA Safety Violations

A news release from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has alleged 21 violations of OSHA standards at the Met Weld International plant in Altamont, NY.

Met Weld could be subject to $49,210 in fines as a result of the findings from safety inspections carried out by OSHA at the plant.

Eight Serious Violations

The OSHA news release describes the most serious violations; including a cabinet for flammable liquids failing to meet fire standards, fire extinguishers that were blocked, no training for use of fire extinguisher, an augur that could restart while workers removed jams and an air compressor that lacked a carbon monoxide or high temperature alarm.

A "serious violation" is defined by OSHA as "occurring 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." OSHA proposed $28,910 in fines for these violations alone.

Other Violations

The other 13 violations included 2 repeat violations and 11 other-than-serious violations. "It is imperative that the employer address these conditions promptly and take effective steps to prevent them from recurring," said Edward Jerome, OSHA's area director in Albany.

Can Be Considered "Some Evidence" Of Negligence

Fortunately there were no worker injuries attributed to these particular violations. However, if there had been injuries, the injured employees would generally not be able to sue their employers directly under New York law, but instead would have to seek workers' compensation benefits.

Yet, in other situations in which the OSHA violation was attributed to a third-party - for example if the worker is an employee of a contractor and is injured as a result of the plant owners neglect - there is recourse available under New York law know as a third-party claim.

In New York, the violation of an OSHA or other state safety regulation can be used in a lawsuit as some evidence of negligence in a third-party claim, if the violation was "a substantial factor" in causing injuries to individuals. An important question in negligence cases is foreseeability, i.e. how probable is it that someone could be injured by something.

For any of the "serious violations," OSHA has already determined that there is a "substantial probability" of death or injury by violating the standard.

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Newburgh Office: Main Office
288 North Plank Road
Newburgh, NY 12550

Toll Free: 888-312-5516
Phone: 845-764-4494
Newburgh Law Office Map

Poughkeepsie Office
3344 U.S. 9, 1st Floor
Poughkeepsie, NY 12601

Toll Free: 888-312-5516
Phone: 845-764-4494
Poughkeepsie Law Office Map

Goshen Office
55 Main Street
Goshen, NY 10924

Toll Free: 888-312-5516
Phone: 845-764-4494
Goshen Law Office Map

Albany Office
18 Computer Drive West
Albany, NY 12208

Toll Free: 888-312-5516
Phone: 845-764-4494
Albany Law Office Map

Kingston Office
303 Clinton Avenue, 2nd Floor
Kingston, NY 12401

Toll Free: 888-312-5516
Phone: 845-764-4494
Kingston Law Office Map