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OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.   OSHA issues repeat citations when an employer previously has been cited for the same or similar hazard within the past three years.

The U.S. Department of Labor’s Occupational Safety and Health Administration has announced $146,500 in proposed penalties against JSW Steel (USA) Inc. for the alleged failure to protect its employees from potential safety and health hazards at the company’s Baytown, Texas, facility. The announcement follows OSHA’s inspection of the facility.

"Failure to implement OSHA's standards and regulations to prevent potential serious hazards will not be tolerated," said Mark Briggs, OSHA's Houston South Area Director. "It is fortunate in this case that no one was injured."

OSHA's Houston South Area Office began its investigation Nov. 24, 2008, following a complaint alleging potential violations of federal safety regulations. The investigation found 29 serious violations, including failing to evaluate the worksite for confined spaces to prevent possible entrapment of employees; failure to ensure an authorized employee was adequately trained on the methods to control hazardous energy; and failure to ensure the required machine guarding.

OSHA also issued two repeat citations for failing to conduct an annual inspection of the energy control procedures and failure to provide machine guarding to protect employees and operator from hazards created by metal slabs moving on roller conveyors.

JSW Steel, which employs about 600 workers at its U.S. operations facility in Baytown, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Houston South area director, or contest the citations and proposed penalties before the independent t Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health.

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