Oregon OSHA finds Tualatin manufacturer willfully violated worker safety rule; penalties, corrective order issued

Salem- A Tualatin company intentionally kept a faulty system in place for storing raw materials, exposing employees to struck-by and crushing hazards, an inspection by the Oregon Occupational Safety and Health Division (Oregon OSHA) has found.

Avalon International Aluminum, a maker of metal door and window framing, willfully violated a safety rule by refusing to follow the installation and maintenance requirements set by the manufacturer of its industrial storage racks.

The decision allowed hundreds of pounds of raw materials to sit atop unanchored cantilever storage racks, some with damaged or upside-down baseplates, rising as high as 18 feet. The situation left employees, who reached the raw materials by hand and forklift, exposed to potential bodily harm.

Oregon OSHA issued a citation to the company for two violations: one "willful," involving the storage racks, and the other "serious," for failing to guard a belt sander at a nip point where hands and fingers could get mangled or cut off. The violations amounted to a total penalty of $28,478. The company remains under an order by Oregon OSHA to correct the willful violation. During the inspection, the company corrected the belt sander violation.

A willful violation occurs when an employer knowingly violates a workplace safety or health requirement. It is a type of violation rarely cited by Oregon OSHA.

"Under the Oregon Safe Employment Act, employers are responsible for understanding and following the safety and health requirements that apply to their industries," said Renée Stapleton, administrator for Oregon OSHA. "To knowingly disregard those requirements can only be described one way: inexcusable."

A complaint prompted Oregon OSHA to open the inspection of Avalon International Aluminum. Oregon OSHA completed its inspection in November. The division's examination of the company's operations included interviews with employer representatives and employees, conversations with a manufacturer of the storage racks, walk-throughs of the company's warehouses, measurements, and photo documentation. Among the findings: an estimated 40 baseplates for the storage racks were unanchored to the concrete floor; an estimated four baseplates were damaged; and an estimated three baseplates were installed upside down.

Employers have 30 calendar days after receiving a citation to file an appeal. Avalon International Aluminum filed an appeal of its citation. Oregon workers have a right to safe and healthy working conditions. They have a right to speak up when those conditions are lacking or absent. Employers must create and maintain safe and healthy workplaces. Oregon OSHA offers nonenforcement resources to employers that want help with improvements or that have questions about requirements:

Consultation services- provides free help with safety and health programs including how to control and eliminate hazards, and hands-on training

• Phone (toll-free in Oregon): 800-922-2689
• Field offices
• Online
• [email protected]

Technical staff- helps employers understand requirements and how to apply them to their worksites

• Phone (toll-free in Oregon): 800-922-2689
• Online
• [email protected]

Oregon OSHA also offers free online training services and publications in English and Spanish, and key information for workers and employers.

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About Oregon OSHA:

Oregon OSHA, a division of the Department of Consumer and Business Services, enforces the state's workplace safety and health rules and works to improve workplace safety and health for all Oregon workers. For more information, go to osha.oregon.gov.

The Department of Consumer and Business Services is Oregon's largest business regulatory and consumer protection agency. For more information, go to https://www.oregon.gov/dcbs/.