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Citation for Tank Contractor Withdrawn
More than two years after a citation was issued against Caldwell Tanks Inc. for not providing adequate ventilation for workers welding inside a water tank, Administrative Law Judge Peggy S. Ball, of the Occupational Safety and Health Review Commission, confirmed last week that the citation would be withdrawn.
At the time of the citation, welding work was underway in a large access tube in Appleton, Wisconsin.
Citation History
According to court records, Compliance Safety and Health Officer Ryan Cooney saw a staged stainless-steel pipe at the site. Since no one was working at the time, Cooney noted the location, and with some research, discovered that Louisville, Kentucky-based Caldwell was in charge of most of the construction. Caldwell’s employees were welding an overflow pipe inside the access tube of a water tower.
Caldwell contested the citation, arguing that the metals involved in the work are not known to put worker health at risk and therefore the company was not in violation of rules seeking to protect workers from inhalation hazards.
OSHA proposed a $3,400 penalty. Caldwell contested the citation in a timely manner. In late July, the Secretary notified the Commission that he decided to withdraw the citation affirmed by the judge in April.
Wilson Frazier, director of environmental health and safety for Caldwell Tanks, noted that the company is pleased with the citation withdrawal, though the company would have reportedly liked a ruling. Frazier told Business Insurance that without a ruling, OSHA can continue to cite businesses improperly in similar cases.
