Metco Supply, Inc.

Decision paragraph 1On August 6, 2002, the Chief Counsel issued an Order to Metco Supply, Inc. (Respondent) assessing a penalty in the amount of $4,000 for the two following violations of the Hazardous Materials Regulations (HMR): (1) Offering for transportation in commerce a hazardous material, paint, when Respondent failed to provide a proper shipping paper, failed to properly mark packagings, and failed to label packagings, thereby creating an undeclared shipment, and (2) Allowing employees to perform functions subject to the HMR when those employees had not been given function-specific training and records of general awareness and safety training had not been created and retained.#

Decision paragraph 2The Order assessed a civil penalty of $7,875, as originally proposed in the September 28, 1998 Notice of Probable Violation (Notice). It was determined that there was not sufficient information to set aside the findings of violation or warrant reduction of the civil penalty assessed in the Chief Counsel's Order; however, the order found that a civil penalty of $4,000 was appropriate in light of the nature and circumstances of the violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior violations, 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 appeal was granted, in part.#