GLH Industries, Inc.

Decision paragraph 1On September 7, 1999, the Chief Counsel issued an Order to GLH Industries, Inc. (Respondent) assessing a penalty in the amount of $4,950 for four violations of the Hazardous Materials Regulations (HMR).#

Decision paragraph 2The Order found that Respondent knowingly offered for transportation in commerce a corrosive liquid, acidic, inorganic, n.o.s. (containing hydrofluoric acid) in two different unauthorized non-bulk packagings (violation No. 1), one of which did not have the required "CORROSIVE" hazard warning labels (violation No. 2), accompanied by a shipping paper that lacked a shipper's certification and listed an emergency response telephone number that was not monitored at all times the hazardous material was in transportation (violation No. 3), and that Respondent had failed to train an employee who performed functions subject to requirements in the HMR. (violation No. 4) Based on Respondent's size, its financial condition, and evidence of the prompt actions it had taken to correct these violations, the Order reduced the $14,040 civil penalty originally proposed in the May 29, 1999 Notice of Probable Violation (Notice) and provided that Respondent could pay the $4,950 penalty. It was determined that there is sufficient information to warrant mitigation of the civil penalty assessed in the Chief Counsel's Order. I find that a civil penalty of $3,000 is appropriate in light of the nature and circumstances of these violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior violations, Respondent's size, Respondent's ability to pay, the effect of a civil penalty on Respondent's ability to continue in business, and all other relevant factors.#

Decision paragraph 3The Order of September 23, 1999, is affirmed and therefore the appeal is denied.#