Showing posts with label penalty. Show all posts
Showing posts with label penalty. Show all posts

Tuesday, May 5, 2009

U.S. Labor Department assesses Atlanta-based Demon Demo Inc. maximum child labor penalty following death of teen at demolition site

/PRNewswire / -- The U.S. Department of Labor's Wage and Hour Division has fined Demon Demo Inc. a child labor civil money penalty following an investigation into the death of a teenage worker at the company's Gwinnett Place mall demolition site from a second floor fall.

This penalty is the first assessed by the division under the Genetic Information Nondiscrimination Act of 2008. That statute increased the maximum level of civil money penalties to $50,000 for each child labor violation that results in the work-related death or serious injury of a minor. In cases where the employer's violation is repeated or willful, the maximum penalty is $100,000. In addition to the $50,000 penalty, child labor fines totaling $3,162 were assessed because the company failed to keep accurate records and allowed the minor to work in an occupation deemed hazardous by the secretary of labor.

"The federal rules governing the employment of minors are clear, and the consequences for failing to comply are serious," said Secretary of Labor Hilda L. Solis. "Young workers must be employed safely and legally."

A listing of hazardous occupations for minors is available on the Wage and Hour Division's Web site at http://www.dol.gov/dol/topic/youthlabor/hazardousjobs.htm. Certain industries allow individuals under age 18 to perform certain tasks at worksites where primary work activity is dangerous, but these tasks are very specific, and state and federal government closely monitor compliance.

The company has 15 days from receipt of the civil money penalty assessment letter to file an exception with the Labor Department if it wishes to contest the $53,162 civil money penalty assessment. Civil money penalty appeals are heard by a Department of Labor administrative law judge.

The Wage and Hour Division also cited the company for failing to pay 126 workers overtime compensation as required by the Fair Labor Standards Act (FLSA). The company will pay $108,869 in back wages as a result of the wage violations.

The FLSA requires covered employees to be paid at least the federal minimum wage for all hours worked, and time and one-half their regular rates of pay for hours worked over 40 per week. Employers must also maintain accurate time and payroll records. The current federal minimum wage for covered, nonexempt employees is $6.55 per hour. Effective July 24, 2009, the minimum wage will increase to $7.25 per hour. For more information about the FLSA, call the Department of Labor's toll-free helpline at 866-4US-WAGE (487-9243). Information is also available on the Internet at www.wagehour.dol.gov or by contacting the Georgia District Office of the Wage and Hour Division, 61 Forsyth St. S.W., Room 7M10; phone 404-893-4600.

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Wednesday, November 5, 2008

Plantation Pipe Line Will Pay Penalty for Fuel Spills in Va., N.C., Ga.

PRNewswire-USNewswire/ -- Plantation Pipe Line Company, Alpharetta, Ga., has agreed to pay a civil penalty and implement safeguards in order to resolve a Clean Water Act lawsuit over fuel pipeline spills in three states, the Justice Department, the U.S. Environmental Protection Agency (EPA) and state of North Carolina announced.

The company has agreed to pay a $725,000 penalty for discharges of jet fuel and gasoline in Virginia, Georgia and North Carolina, and for inadequate spill prevention safeguards at a Virginia facility. The company also has agreed to implement $1.3 million in new spill prevention safeguards.

"Companies like Plantation Pipe Line that operate oil production infrastructure have a responsibility to ensure the safety and integrity of their operations," said Ronald J. Tenpas, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division. "We continue to work closely with the Environmental Protection Agency to enforce this nation's environmental laws."

"Federal oil pollution prevention requirements, along with regular pipeline upgrades, are designed to prevent the kinds of oil spills that have occurred on Plantation's pipeline system," said Donald Welsh, administrator for EPA's mid-Atlantic region. "The pipeline upgrades required in this settlement will help protect the environment by preventing future spills."

"Oil spills can cause significant harm to the environment," said Jimmy Palmer, EPA Regional Administrator in Atlanta. "EPA will continue to ensure that facilities handling oils follow established procedures to minimize risk to our water and sensitive ecosystems."

The lawsuit cited Plantation for four separate fuel spills from 2000 to 2006, totaling 1,005 barrels (or 42,210 gallons):

-- On Nov. 27, 2006, at least 97 barrels of gasoline leaked from a
Plantation pipeline in Mecklenburg County, N.C., some flowing into Paw
Creek.
-- On Feb. 22, 2003, at least 788 barrels of gasoline spilled from a
pipeline in Hull, Ga., some entering a tributary of East Sandy Creek.
-- On Mar. 13, 2002, at least 20 barrels of jet fuel were discharged from
a pipeline in Alexandria, Va., some flowing to a tributary of Hooff
Run.
-- On Jan. 10, 2000, at least 100 barrels of jet fuel leaked from a
pipeline in Newington, Va., some of which spilled into Accotink Creek.


The lawsuit also cited Plantation Pipe Line for failing to prepare and implement a required spill prevention, control and countermeasure plan for a 420,000-gallon oil storage tank at its Newington, Va., facility.

The settlement requires Plantation to pay a $715,000 penalty to the federal government's Oil Spill Liability Trust Fund and $10,000 to the North Carolina Department of Environment and Natural Resources. In addition, the company will implement $1.3 million in spill prevention safeguards, including upgrades to pipelines and excavating buried valves to improve regular inspection capabilities.

The Clean Water Act prohibits discharges of oil into waterways and coastal areas in quantities that may be harmful to the environment or public health. Oil spills threaten both fresh water and marine environments, harming plant and animal life through physical damage and the toxicity of the oil itself, which may poison exposed organisms. For more information on the effects and cleanups of oil spills, visit: http://www.epa.gov/oilspill.

The proposed consent decree, filed by the U.S. Department of Justice on behalf of EPA and North Carolina, is subject to a 30-day public comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.

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Monday, June 23, 2008

Copper Theft Is Dangerous Activity

PRNewswire -- Rising prices for copper have led to increased thefts from utilities, construction and industrial sites, creating a serious problem throughout Georgia.

Georgia Power has been no exception. As the price of copper goes up, Georgia Power has seen a steady correlated increase in the number of thefts, attempted thefts and break-ins at substations, from the poles themselves and other property locations.

In the past two years the average price of a pound of copper has gone up almost 200 percent. But from 2005 to 2007, the number of wire theft cases the company has investigated has gone up more than 500 percent, while losses have increased more than 600 percent.

"We actively investigate all thefts or attacks on our property," says Philip Peacock, investigations supervisor for Georgia Power. "We work closely with local law enforcement to identify and prosecute anyone who does something like this. Arrests of individuals involved in these thefts from Georgia Power have increased more than 900 percent."

Not only is there a financial impact to the company, there are significant safety implications as well. When thieves target electric lines and equipment they put themselves, utility employees and, potentially, residents in danger.

Many substations receive power in at 500,000 volts and reduce it down to about 11,000 volts, which is still a lethal dose. Before any utility staff are allowed to work around this equipment they must have safety training and are required to wear personal protective equipment such as insulated shoes, hard hats, and other specific materials.

"We've had several instances where these would-be thieves have been severely injured," continued Peacock, "including critical, life-threatening electrical burns or loss of body parts. Anyone who does this is putting their life at extreme risk."

These thefts also threaten the operation of the electric grid, which can cause widespread outages and endanger employees working on lines.

The company has initiated a number of programs to tackle the problem. Security has been increased at all company locations. Peacock says, where possible, copper wire in the system is being replaced with steel-clad wire, which has little value in the scrap metal market.

In addition, the Georgia legislature passed a new law in 2007 increasing the penalties for anyone who steals or knowingly recycles stolen copper.

"The risks just aren't worth the few dollars someone might be able to get for the amount of copper available in our substations," noted Peacock. "It's just not worth their life or being permanently disabled from now on."