Article

Recently an employee at Fiberdome, a reinforced plastic plant in Lake Mills, Wisconsin brought legal action against the company for exposure to styrene. In this instance, OSHA is citing the company in a new way.

OSHA cited Fiberdome under the general duty clause. The “general duty” clause allows OSHA to cite employers that do not take steps “to remediate recognized hazards that are causing or are likely to cause death or serious injury.” In 1996, NMMA, ACMA and SIRC determined that composites manufacturers should and could feasibly achieve a workplace level of 50 ppm using combinations of engineering controls, pollution prevention technology and respirators. As a result, the industry groups approached OSHA and suggested that the industry would promote compliance with a Voluntary Occupational Exposure Level (OEL) of 50 ppm.

The Fiberdome case is unique because it is the first time OSHA has used the general duty clause and a Voluntary OEL to enforce a chemical safety violation. It is important for marine manufacturers to note this case and to be aware that the general duty clause makes even voluntary standards enforceable.

For more, read an article here from the Wall Street Journal. Questions? Contact John McKnight at [email protected].