OSHA Slaps Superior Shipyard With $1.4M Fine For Lead Exposure

The U.S. Department of Labor’s worker safety agency is slapping a Superior shipyard with a nearly $1.4 million fine for failing to protect workers from lead exposure.

The Occupational Safety and Health Administration said it conducted air monitoring surveys of 14 workers at Fraser Shipyards Inc. The tests revealed a few employees conducting repairs on the Herbert C. Jackson had lead exposures up to 20 times the legal limit.

Fraser officials knew lead was present on the ship before it arrived for repairs, said Mark Hysell, OSHA’s area director in Eau Claire.

“They had previously been cited for the exact same violations that were cited in this case, and they didn’t do anything to protect the employees,” Hysell said.

Nearly 75 percent of the 120 workers tested by the company were exposed to lead, he said. OSHA had previously fined Fraser for multiple lead violations in 1993. Some of the same company officials were involved in both cases, but Hysell declined to name them. The company was also cited in 2000 for asbestos-related issues. Overall, Fraser Shipyards has been inspected by the agency 28 times since 1972.

The company issued a statement in response to the announcement on Monday, claiming it halted work as soon as high lead levels were detected.

Fraser Shipyards President James Farkas said in the release:

“We take the health and safety of our people and our community seriously. We acted to protect our people as soon as we learned of the problem. We have worked with all of our employees, laborers and contractors to ensure their health by bringing in medical experts, as well as the highest levels of testing, protective equipment and safe operating procedures. We strongly disagree with OSHA’s statement that any of the issues were caused or worsened by business or profit motivations.”

The company was put on notice as early as January, Hysell said. At that time, the agency had received a complaint from a sub-contractor about asbestos and ventilation concerns. OSHA began inspecting Fraser in early February after receiving complaints from workers, but Hysell said the company didn’t conduct medical tests of employees until the end of March.

Attorney Matt Sims with Rapoport Law Offices in Chicago is representing more than 20 workers in a lawsuit against the shipyard.

“We think that OSHA’s delivered a damning indictment against Fraser,” Sims said. “Although, we find the assessment that’s been leveled by OSHA against Fraser is a figure that probably pales in comparison to the harm that’s been inflicted on our clients in this case.”

Sims said some of his clients are suffering from joint and abdominal pain and damage to their nervous systems.

Attorney Tom Baker with Cleveland law firm Tucker Ellis is representing Interlake Steamship Co., which is party to the lawsuit. Baker said Monday that he hadn’t seen OSHA’s announcement and couldn’t comment as to how the agency’s decision might impact legal proceedings.

Since OSHA’s findings, Fraser has bought state-of-the-art protective gear, breathing equipment and suits, and has changed trailers and implemented other measures to improve safety, according to the company’s statement.

The company has 15 days for an informal conference with OSHA officials to find a resolution. A company spokesman said Fraser will be seeking a settlement conference with the agency to resolve the matter.