Mattel, Fisher-Price to Pay $2.3 Million Civil Penalty for Violating Federal Lead Paint Ban
Penalty is highest ever for CPSC regulated product violations
As part of its commitment to protecting the safety of children, the U.S. Consumer Product Safety Commission (CPSC) announced today that Mattel Inc., of El Segundo, Calif. and its wholly owned subsidiary, Fisher-Price Inc., of East Aurora, N.Y. have agreed to pay a $2.3 million civil penalty for violating the federal lead paint ban.
The penalty settlement, which has been provisionally accepted by the Commission, resolves CPSC staff allegations that Mattel and Fisher-Price knowingly (as defined in the Consumer Product Safety Act) imported and sold children's toys with paints or other surface coatings that contained lead levels that violated a 30-year-old federal law. In 1978, a federal ban was put in place which prohibited toys and other children's articles from having more than 0.06 percent lead (by weight) in paints or surface coatings. In 2007, about 95 Mattel and Fisher-Price toy models were determined to have exceeded this limit. Lead can be toxic if ingested by young children and can cause adverse health consequences.
This civil penalty, which is the highest for violations involving importation or distribution in commerce of a regulated product and is the third highest of any kind in CPSC history, settles the following allegations:
Mattel imported up to 900,000 non-compliant toys between September 2006 and August 2007, including the "Sarge" toy car and numerous Barbie accessory toys, and distributed most of them to its retail customers for sale to U.S. consumers. The "Sarge" car was recalled in August 2007 and the Barbie toys were recalled in September 2007.
Fisher-Price imported up to 1.1 million non-compliant toys between July 2006 and August 2007, including certain licensed character toys and the Bongo Band, GEOTRAX locomotive, and Go Diego Go Rescue Boat toys. Most of these toys were distributed to retail stores for sale to consumers. The licensed character toys were recalled in August 2007, the Bongo Band and GEO TRAX toys were recalled in September 2007, and the Go Diego Go Boat toys were recalled in October 2007.
"These highly publicized toy recalls helped spur Congressional action last year to strengthen CPSC and make even stricter the ban on lead paint on toys," said CPSC Acting Chairman Thomas Moore. "This penalty should serve notice to toy makers that CPSC is committed to the safety of children, to reducing their exposure to lead, and to the implementation of the Consumer Product Safety Improvement Act."
This settlement also resolves other potential matters. In agreeing to the settlement, Mattel and Fisher-Price deny that they knowingly violated federal law, as alleged by CPSC staff.
-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Showing posts with label fines. Show all posts
Showing posts with label fines. Show all posts
Saturday, June 06, 2009
Tuesday, January 06, 2009
Tyson Foods Pleads Guilty and Agrees to Pay Fine For OSHA Violation That Led to Worker Death
/PRNewswire-USNewswire/ -- Tyson Foods Inc. pleaded guilty today in U.S. District Court in Arkansas and agreed to pay the maximum fine for willfully violating worker safety regulations that led to a worker's death in its River Valley Animal Foods (RVAF) plant in Texarkana, Ark., the Justice Department announced.
According to the information filed along with a plea agreement, Tyson operated several RVAF plants that recycled poultry products into protein and fats for the animal food industry. As part of the rendering process in four of the plants, the company used high-pressure steam processors called hydrolyzers to convert the poultry feather into feather meal.
Decomposition of biological material such as poultry feathers produces hydrogen sulfide gas, an acute-acting toxic substance. Employees at the Tyson facilities often were exposed to the toxic gas when working on or near the hydrolyzers, which required frequent adjustment and replacement.
As of October 2003, corporate safety and regional management were aware that hydrogen sulfide gas was present in the RVAF facilities and three of the four facilities with hydrolyzers had taken measures to protect employees from hydrogen sulfide gas near the hydrolyzers. However, Tyson Foods did not take sufficient steps to implement controls or protective equipment to reduce exposure within prescribed limits or provide effective training to employees on hydrogen sulfide gas at the Texarkana facility despite an identical exposure, resulting in hydrogen sulfide poisoning of an RVAF Texarkana employee in March 2002.
As a result, at approximately 1 a.m. on Oct. 10, 2003, RVAF maintenance employee Jason Kelley was overcome with hydrogen sulfide gas while repairing a leak from a hydrolyzer and later died. Another employee and two emergency responders were hospitalized due to exposure during the rescue attempt. Two employees also were treated at the scene.
"Federal laws require employers to undertake steps that limit exposure to dangerous substances like the gas that killed Jason Kelley. Tyson Foods willfully ignored these regulations and today is being held responsible," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "The Justice Department takes its enforcement responsibility seriously and companies that ignore these laws and risk their employees' lives will be prosecuted."
The Occupational Safety and Health Act (OSHA) requires that employers furnish places of employment free from recognized hazards that are likely to cause death or serious physical harm to employees. This includes taking steps to ensure that employee exposure to dangerous substances such as hydrogen sulfide gas remains within prescribed limits. Tyson Foods pleaded guilty today to a "willful violation of an OSHA standard resulting in the death of an employee," the most serious offense available to OSHA.
According to today's plea agreement, Tyson Food has agreed to pay $500,000, the maximum criminal fine. The company also will serve one year probation.
The investigation was conducted by the Department of Labor and prosecuted by the Justice Department's Environmental Crimes Section and the U.S. Attorney's Office for the Western District of Arkansas under the Environmental Crimes Section's worker endangerment initiative.
-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
According to the information filed along with a plea agreement, Tyson operated several RVAF plants that recycled poultry products into protein and fats for the animal food industry. As part of the rendering process in four of the plants, the company used high-pressure steam processors called hydrolyzers to convert the poultry feather into feather meal.
Decomposition of biological material such as poultry feathers produces hydrogen sulfide gas, an acute-acting toxic substance. Employees at the Tyson facilities often were exposed to the toxic gas when working on or near the hydrolyzers, which required frequent adjustment and replacement.
As of October 2003, corporate safety and regional management were aware that hydrogen sulfide gas was present in the RVAF facilities and three of the four facilities with hydrolyzers had taken measures to protect employees from hydrogen sulfide gas near the hydrolyzers. However, Tyson Foods did not take sufficient steps to implement controls or protective equipment to reduce exposure within prescribed limits or provide effective training to employees on hydrogen sulfide gas at the Texarkana facility despite an identical exposure, resulting in hydrogen sulfide poisoning of an RVAF Texarkana employee in March 2002.
As a result, at approximately 1 a.m. on Oct. 10, 2003, RVAF maintenance employee Jason Kelley was overcome with hydrogen sulfide gas while repairing a leak from a hydrolyzer and later died. Another employee and two emergency responders were hospitalized due to exposure during the rescue attempt. Two employees also were treated at the scene.
"Federal laws require employers to undertake steps that limit exposure to dangerous substances like the gas that killed Jason Kelley. Tyson Foods willfully ignored these regulations and today is being held responsible," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "The Justice Department takes its enforcement responsibility seriously and companies that ignore these laws and risk their employees' lives will be prosecuted."
The Occupational Safety and Health Act (OSHA) requires that employers furnish places of employment free from recognized hazards that are likely to cause death or serious physical harm to employees. This includes taking steps to ensure that employee exposure to dangerous substances such as hydrogen sulfide gas remains within prescribed limits. Tyson Foods pleaded guilty today to a "willful violation of an OSHA standard resulting in the death of an employee," the most serious offense available to OSHA.
According to today's plea agreement, Tyson Food has agreed to pay $500,000, the maximum criminal fine. The company also will serve one year probation.
The investigation was conducted by the Department of Labor and prosecuted by the Justice Department's Environmental Crimes Section and the U.S. Attorney's Office for the Western District of Arkansas under the Environmental Crimes Section's worker endangerment initiative.
-----
www.fayettefrontpage.com
Fayette Front Page
www.georgiafrontpage.com
Georgia Front Page
Wednesday, August 06, 2008
Nine Firms Agree To Pay More Than $350,000 in Civil Penalties For Failing To Timely Report Drawstrings In Children's Outerwear
The U.S. Consumer Product Safety Commission (CPSC) announced today that nine firms have agreed to pay a total of $355,000 in civil penalties. The penalties settle allegations that the firms knowingly failed to report to the CPSC immediately, as required by federal law, that their children's hooded sweatshirts, jackets, or sweaters were sold with drawstrings at the hood and neck. These products, which the firms eventually recalled, pose a strangulation hazard that can cause death to children. The settlements have been provisionally accepted.
The firms paying the penalties are:
AJ Blue LLC, of New York City, N.Y.
A&R Knitwear Inc., of New York City, N.Y.
Cobmex Inc., of Lakewood, Calif.
Liberty Apparel Co. Inc., of New York City, N.Y.
Rebelette International Trading Corp., of South El Monte, Calif.
Scope Imports Inc., of Houston, Texas
Sears Holdings Management Corp., of Hoffman Estates, Ill.
Siegfried & Parzival Inc., of City of Industry, Calif.
Vacation Clothing Exchange Inc., d/b/a Basix USA, of Lauderdale Lakes, Fla.
In February 1996, CPSC issued drawstring guidelines (pdf) to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In May 2006, CPSC's Office of Compliance announced (pdf) that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and a substantial risk of injury to young children.
Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial risk of injury to the public, presents an unreasonable risk of serious injury or death, or violates a federal safety standard.
In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law.
-----
www.fayettefrontpage.com
Fayette Front Page
Community News You Can Use
The firms paying the penalties are:
AJ Blue LLC, of New York City, N.Y.
A&R Knitwear Inc., of New York City, N.Y.
Cobmex Inc., of Lakewood, Calif.
Liberty Apparel Co. Inc., of New York City, N.Y.
Rebelette International Trading Corp., of South El Monte, Calif.
Scope Imports Inc., of Houston, Texas
Sears Holdings Management Corp., of Hoffman Estates, Ill.
Siegfried & Parzival Inc., of City of Industry, Calif.
Vacation Clothing Exchange Inc., d/b/a Basix USA, of Lauderdale Lakes, Fla.
In February 1996, CPSC issued drawstring guidelines (pdf) to help prevent children from strangling or getting entangled on the neck and waist drawstrings in upper outerwear, such as jackets and sweatshirts. In May 2006, CPSC's Office of Compliance announced (pdf) that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and a substantial risk of injury to young children.
Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial risk of injury to the public, presents an unreasonable risk of serious injury or death, or violates a federal safety standard.
In agreeing to settle the matters, the firms deny CPSC's allegations that they knowingly violated the law.
-----
www.fayettefrontpage.com
Fayette Front Page
Community News You Can Use
Subscribe to:
Posts (Atom)
