The information on the labels of Vitavax, containing thiram, and on the label of Apron, containing Metataxyl, are incomplete with regard to safe handling and use of these chemicals and practical treatment in the event of various types of exposure or contamination. Employer knew or should have known what information was contained on the labels. Employees were faced with the hazard of potential exposure and insufficient information for proper treatment in the event of exposure. Employees who handle thiram were not provided with warm water for hand washing. The hot water heater was broken and employer knew warm water was not available in the mill.
Warm water is required to thoroughly remove thiram.
Employees were faced with the potential hazard of utilizing an inadequate removal method if their skin were to exposed to thiram. The floor opening at the first elevator at the top of the bins was not protected by any guardrail. The adjacent floor below was approximately 12 feet below the opening. Employer knew or should have known that the opening was unprotected and that the distance to the floor was approximately 12 feet. The guardrail near the treating tanks on the upper level of the seed mill had no intermediate rail.