Tier 3 Elevated

TMS INTERNATIONAL, LLC

📍 1 STEEL DR PAUL BRYAN BAYOU RD NORTH GATE, CALVERT, AL 36513🏭 Manufacturing (NAICS 327992)📅 2017-03-29
$132,000.00
Total Penalties
28
Citations
49/100
Risk Score
472
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, TMS INTERNATIONAL, LLC — a manufacturing facility located at 1 STEEL DR PAUL BRYAN BAYOU RD NORTH GATE, CALVERT, AL 36513 — was the subject of a formal OSHA inspection that resulted in 28 citation(s) and cumulative proposed penalties of $132,000.00. The inspection case was opened on 2017-03-29.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

Industry Benchmark: The total penalty of $132,000.00 is more than 15.7× the national average of $8,414.32 for facilities in the Manufacturing sector (NAICS 327992). This sector encompasses 52,095 inspected facilities nationwide with aggregate penalties totaling $438.3M.

State Context: Within AL, this facility's penalty places it at the 100th percentile among 30,935 inspected facilities. The statewide average penalty is $3,893.70.

Citation Analysis: The inspection produced 28 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 15 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition.

Enforcement Timeline: Citations were issued beginning September 21, 2017 with the latest abatement deadline set for November 1, 2017. Of the 28 total citations, 0 (0%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The cumulative penalty of $132,000.00 reflects OSHA's gravity-based penalty calculation methodology, which considers the severity of potential injury, the probability of occurrence, the employer's size, good faith, and violation history. The per-citation average of $4,714.29 falls within the standard penalty range.

The enforcement profile for TMS International, LLC’s Calvert facility reveals a staggering breakdown in industrial hygiene and hazardous material management, specifically regarding hexavalent chromium and cadmium. The $132,000 penalty is significantly higher than the industry average for mineral processing, reflecting the gravity of exposing workers to known carcinogens above Permissible Exposure Limits (PEL). The citations under 1910.1026 and 1910.1027 indicate a systemic failure rather than isolated oversights; the facility lacked adequate engineering controls, failed to maintain regulated areas, and neglected fundamental housekeeping and medical surveillance protocols. In practical terms, employees were subjected to chronic inhalation and ingestion hazards without the administrative or physical safeguards necessary to prevent long-term respiratory disease and organ damage. The high-gravity ratings assigned to these violations underscore OSHA’s determination that the employer possessed—or should have possessed—knowledge of these pervasive toxic exposures

Citation Matrix — 28 Citations
29 CFR 1910.132(a)
Personal Protective Equipment — General
Serious
Penalty: $9,000.00Gravity: 5Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(c)
Serious
Penalty: $10,500.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(e)(02)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(h)(02)
Serious
Penalty: $9,000.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(h)(02)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(h)(02)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(h)(02)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(i)(01)
Serious
Penalty: $9,000.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(i)(03)
Serious
Penalty: $9,000.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1026(k)(01)
Serious
Penalty: $9,000.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1027(c)
Serious
Penalty: $10,500.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1027(e)(04)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1027(g)(01)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1027(f)(01)
Serious
Penalty: $0.00Gravity: 10Issued: September 21, 2017Abated: Pending
29 CFR 1910.1027(d)(01)
Serious
Penalty: $9,000.00Gravity: 10Issued: September 21, 2017Abated: Pending
This report is compiled from publicly available U.S. Department of Labor enforcement data under the Freedom of Information Act. SVEP Navigator is an independent research and analysis platform and is not affiliated with, endorsed by, or connected to OSHA, the Department of Labor, or any federal agency. Information is provided for research, educational, and compliance planning purposes only and does not constitute legal advice. Penalty amounts shown are proposed penalties and may have been modified through contest proceedings or settlement.
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