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Sunday, July 26, 2009

U.S. Department of Labor's OSHA cites NJ PSEG Power for workplace safety and health hazards

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited PSEG Power LLC for alleged workplace safety and health violations found at a Hamilton, N.J., worksite, proposing $57,500 in penalties.

OSHA initiated its investigation on Jan. 21 after being notified of an employee accident. As a result of the investigation, the company has been cited with one willful violation with a penalty of $55,000 and one serious violation with a $2,500 penalty.

The willful violation is due to the company's failure to provide adequate lighting when employees were operating a bulldozer at night. OSHA defines a willful violation as one committed with intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.

The serious violation is due to the company's failure to ensure that employees were wearing a seat belt when operating a bulldozer. A serious citation is issued when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

"PSEG is strongly encouraged to address the identified violations to ensure its workers are not at risk for future accidents," said Paula Dixon-Roderick, director of OSHA's Marlton, N.J., office. "By implementing an effective safety and health management system, the company can protect its workers from workplace hazards."

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's Marlton Area Office; telephone: 856-396-2594.

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education.
More information about OSHA's recent enforcement activity is available on The Workers' Compensation Blog.

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