EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH

APPEALS BOARD

Summary of Witeg Scientific - Decision After Reconsideration

Employer stored incompatible chemicals together. They would be deadly if combined. Employees were exposed. Employer was told by the Fire Department and the Division to separate them but did not. A willful/serious violation of section 5164(a) was established. Because of the presence of a substantial hazardous substance release due to storage practices, Employer had to train an emergency response team to respond, but did not. A serious violation of section 5192(q)(6) was established. Employer also had to equip HAZMAT team members with a self contained breathing apparatus but did not. A serious violation of section 5192(q)(10) was established. Employer's request for penalty relief was rejected. The willful violation shows a lack of concern for employee safety. Records show that Employer’s financial trouble was due to business downturn not correction of the violations.

WITEG SCIENTIFIC 97-3115
May 21, 2002