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U.S. Department of Labor | August 1, 2016
OSHA finds workers
exposed to lead at levels up to 20 times the permissible exposure limit
SUPERIOR, Wis. – Federal health inspectors found Fraser
Shipyards Inc. overexposed workers to lead
during the retrofitting of a ship’s engine room. The U.S. Department of Labor’s
Occupational Safety and Health Administration’s
sampling results determined 14 workers had lead levels up to 20 times the
exposure limit. The agency also found workers exposed to other heavy metals.
On July 29, 2016, OSHA proposed
$1,395,000 in penalties for the Wisconsin shipyard operator. The agency cited 14 willful egregious health violations for each instance of overexposing
a worker to lead. OSHA also cited five additional willful violations for
failing to conduct monitoring to assess
employee exposure to lead, failing to implement a lead compliance
program or a respiratory protection program for lead and for failing to provide
training on lead and asbestos hazards.
The agency also issued 10 serious violations to the company,
and placed Fraser Shipyards in its Severe Violator Enforcement Program for
failing to address safety and health hazards.
Interlake Steamship Company of Middleburg Heights, Ohio, contracted
Fraser to modernize the Herbert C. Jackson under a $10 million contract. OSHA
opened the February 2016 health inspection after receiving multiple complaints
of unsafe working conditions.
“Fraser Shipyards accepted a contract with a very low profit
margin and penalties for delayed completion, but could not meet the schedule
without endangering its workers. This employer was unwilling to pay the
necessary costs to protect employees from lead exposure,” said Dr. David Michaels,
assistant secretary of labor for Occupational Safety and Health. “When
companies prioritize profits and deadlines over the health and safety of their
workforce, it is the workers who pay the price. Law-breaking employers must be
held accountable for their unlawful behavior. ”
The agency determined Fraser Shipyards’ management knew of
the presence of lead and asbestos
throughout the vessel. Built in 1959, the ship arrived at the shipyards in
December 2015 for a six-month retrofit project. The contract required the
company to meet specific deadlines to get the vessel back in service for the
summer iron ore shipping season.
“Fraser ignored federal regulations, its own corporate
safety manuals and worker concerns,” said Ken Atha, OSHA’s regional
administrator in Chicago. “Such behavior is unacceptable. No worker should be
put at risk from exposure to hazards that can cause permanent health issues to
meet a contract deadline.”
Overexposure to lead can lead to brain damage, as well as gastrointestinal effects, anemia and
kidney disease. During its investigation, OSHA conducted personal and
bulk sampling
in February and March 2016, and found 14 employees were overexposed to lead. The
company later conducted blood lead level testing of more than 120 additional
employees that showed more than 75 percent of those tested had elevated blood
lead levels.
Investigators also found Fraser failed to identify and
inform employees of the presence, location and quantity of asbestos containing
materials and or presumed asbestos containing material despite having a written
asbestos compliance program. They also determined employees performed
demolition in several areas of the ship including cutting into piping and
equipment, but Fraser did not make workers aware of presence of asbestos in
areas where these activities took place. Exposure to asbestos increases the
risk of lung cancer and mesothelioma, a cancer of the lining of the lungs and
abdomen.
OSHA inspectors also found Fraser exposed workers to iron oxide, arsenic, hexavalent
chromium, cadmium and lead hazards while
performing torch-cutting and welding procedures because the company failed to
provide adequate respiratory
and personal protective equipment to limit their exposure to these harmful
substances. Fraser also failed to conduct required medical evaluations and
exposure monitoring for employees.
The agency also found that Fraser
failed to:
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Follow respiratory protection requirements, including
fit-testing employees, properly cleaning and storing respirators, and training
employees on respirator use.
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Train workers on arsenic, cadmium, and hexavalent
chromium hazards.
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Protect workers from cumulative overexposures to heavy
metals and overexposures to iron oxide.
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Enroll employees exposed to lead in a medical
surveillance program.
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Conduct monitoring to assess employee exposure to
arsenic, cadmium, and hexavalent chromium.
–
Provide fall protection.
View current citations here.
This is not first time federal inspectors have found
workplace hazards at Fraser. OSHA cited the shipyards for exposing workers to
asbestos hazards in 2000 and for multiple lead violations in 1993. Since 1972,
the agency has inspected Fraser 28 times. The workers’ compensation carrier for Fraser is Arch Insurance
Company in Jersey City, New Jersey.
At the time of the 2016 inspection, Fraser had a seasonal
workforce of about 190 employees. The International Brotherhood of Boilermakers
from Locals #107 in Milwaukee, #117 in Superior and #647 in Minneapolis
represent many of the workers. Established in 1889, Fraser offers full shipyard
services at its facility on Lake Superior. Capstan Corporation, a holding
company based in Duluth, Minnesota, owns the shipyards.
The company has 15
business days from receipt of its 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.
To ask questions, obtain compliance assistance, file a
complaint, or report amputations, eye loss, workplace hospitalizations,
fatalities or situations posing imminent danger to workers, the public should
call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Eau
Claire office at 715-832-9019.
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 working men and women by setting and enforcing
standards, and providing training, education and assistance. For more
information, visit http://www.osha.gov.
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Media Contacts:
Scott Allen, 312-353-6976, allen.scott@dol.gov
Rhonda Burke, 312-353-6976, burke.rhonda@dol.gov
Release Number: 16-1565-CHI
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