Hazardous Content Unproven

A judge vacated a citation for an alleged violation of 47.41(a), which requires that containers of hazardous chemicals be labeled to identify their contents.  The ticket involved an unlabeled one-gallon container in a welding storage trailer.  The fine came to $308.  After the inspector admitted he had no idea what was in the container, the judge ruled MSHA had not met its burden of proving the substance was hazardous (Sr. ALJ Zielinski, MSHA v. Cemex Construction Materials of Florida, LLC, Jan 9).