BURNS HARBOR | ArcelorMittal continues to contest the three safety order violations and $2,975 fine issued by IOSHA following a flash fire at its Burns Harbor plant more than a year and a half ago.

The Indiana Occupational Safety and Health Administration issued the violations and levied the fine immediately following the Aug. 28, 2007, incident when seven workers were burned, several seriously. The company contested both in December 2007 and appealed the violations to the Indiana Board of Safety Review.

The matter currently "is in litigation" and will be heard by an administrative law judge on April 14, said Jeff Carter, deputy commissioner of the Indiana Department of Labor.

"It's in a holding pattern until then," he said.

Steelworkers were tapping the Burns Harbor mill's basic oxygen furnace to release 300 tons of liquid molten steel when a chemical reaction of unknown origins sent the vessel's temperature so high that a fireball of molten steel and scrap erupted, burning the men working nearby.

IOSHA issued the violation carrying the fine because employees working in the area where the fire occurred weren't wearing the required protective equipment, according to agency records. The violation also says that when the company modified the area around the furnace it didn't update the workers' protective equipment.

IOSHA also contends the company violated two other safety orders but didn't issue fines because both violations were corrected immediately following the incident.

ArcelorMittal has declined to comment on the issue.

Defense attorney Kenneth Allen, who is representing one or more of the injured workers, said companies in general will contest safety orders because "OSHA violations/fines adversely affect the violator's liability insurance rates and increase premiums."

"Litigation plays no real role in this since typically evidence of IOSHA fines or violations is not admissible," Allen said. "But eliminating IOSHA violations reduces premiums."