Summary of OSHA major citations announced during the week of January 22nd.
The following are press releases from OSHA.
Jennie-O Turkey Store Cited After Worker Loses Arm ($318,000)
Loveland Products Inc. Cited For 25 Safety Violations ($148,000)
Morgan Truck Body, Rydal, GA Cited For Safety and Health Violations ($93,000)
Penney Construction Co. LLC Cited For Exposing Workers To Cave-In Hazards ($169,000)
Jennie-O Turkey Store
was cited for 11 safety violations at its Barron facility after a worker's arm was amputated below the shoulder while the individual was conducting cleaning activities in a confined space. Jennie-O Turkey Store, based in Willmar, Minn., is a division of Austin, Minn.-headquartered Hormel Foods Corp.
"Jennie-O Turkey Store has a legal responsibility to follow established permit-required confined space regulations to ensure that its employees are properly protected from known workplace hazards," said Mark Hysell, director of OSHA's Eau Claire Area Office. "Failing to ensure protection through appropriate training and adherence to OSHA regulations led to a worker losing an arm."
OSHA initiated an inspection after the July 20, 2011, incident, in which the employee's arm allegedly became caught in an energized turkey shackle line while the employee was working alone in a confined space. Afterward, the employee had to walk down a flight of 25 stairs and 200 feet across the production floor to get the attention of a co-worker for assistance.
Four willful violations involve not following OSHA's permit-required confined space regulations in the carbon dioxide tunnel room, including failing to ensure that workers isolated the carbon dioxide gas supply line and locked out power to the shackle line prior to entering the room to conduct cleaning activities, verify that electro-mechanical and atmospheric hazards within the room were eliminated prior to workers entering the space, test atmospheric conditions prior to allowing entry and provide an attendant during entries to the room. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.
Seven serious violations involve failing to provide fall protection, provide rescue and emergency services equipment, develop procedures to summon rescue and emergency services, provide confined space entry procedures, prepare entry permits for the confined space, train employees and supervisors in entry permit procedures, and ensure that the entry supervisor performed required duties. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
In many instances, employees who work in confined spaces face risk of exposure to serious physical injury from hazards such as entrapment, engulfment and hazardous atmospheric conditions. Confinement may also pose entrapment hazards and require employees to work in closer proximity to hazardous machinery components than they would otherwise. Additional information on confined space hazards is available online at http://www.osha.gov/SLTC/confinedspaces/index.html
Based on the violations cited during this latest inspection, OSHA has proposed $318,000 in fines. Jennie–O Turkey Store operates turkey growing and processing facilities in Minnesota and Wisconsin as well as national and international distribution systems. The company employs 1,200 workers at the Barron facility and 5,000 corporatewide. Prior to this inspection, OSHA had inspected the Barron facility four times since 2004, resulting in citations for 12 violations.
The citations can be viewed at http://www.osha.gov/ooc/citations/JennieOTurkeyStoreIncCitationInspection92562.pdf
Jennie-O Turkey Store has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
OSHA has cited Loveland Products Inc. in Fairbury for 25 safety violations
, 14 of which relate directly to OSHA's standard regulating the process safety management of highly hazardous chemicals. Proposed penalties total $148,000.
OSHA initiated its inspection of the liquid-based fertilizer producer under both the agency's Site-Specific Targeting Program for industries with high occupational injury and illness rates, and its process safety management national emphasis program for chemical manufacturers. OSHA's PSM standard contains specific requirements for the management of hazards associated with processes using dangerous chemicals, and establishes a comprehensive management program integrating technologies, procedures and management practices. Additional information is available online at http://www.osha.gov/SLTC/processsafetymanagement/index.html
"OSHA has a stringent process safety management standard, and it is imperative that employers rigorously update and properly maintain each element of the process to minimize hazards, and provide a safe and healthful workplace for employees," said Charles E. Adkins, OSHA's regional administrator in Kansas City, Mo. "OSHA is committed to protecting workers and educating employers about the risks involved with exposure to hazardous chemicals."
Of 24 serious violations, those related to process safety management include incorrect and incomplete process and implementation diagrams, a deficient process hazard analysis of the system, incomplete operating procedures, an inadequate mechanical integrity program for the system, inappropriate inspections and tests of the system, and a lack of hot work permits. OSHA also found compliance audits to be insufficient and that the employer failed to follow up on compliance audit findings. Other serious violations involve electrical hazards as well as deficiencies with walking/working surfaces, overhead storage, an emergency action plan, hazard communication and procedures for the lockout/tagout of energy sources. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard that the employer knew or should have known.
One other-than-serious violation with no penalty was issued for failing to document powered industrial truck training. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
The citations can be viewed at http://www.osha.gov/ooc/citations/LovelandProd_314061896_0123_12.pdf
Morgantown, Pa.-based Morgan Corp., doing business as Morgan Truck Body LLC, was cited for 24 safety and health violations
following a July inspection at the company's manufacturing plant in Rydal. OSHA initiated the inspection under its Site-Specific Targeting Program for industries with high occupational injury and illness rates. Proposed penalties total $93,000.
One repeat violation with a $30,000 fine has been cited for failing to provide welding screens for employees performing welding operations and those working in adjacent areas. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. The company received citations for similar violations at its Ephrata, Pa., plant in 2007.
Seventeen serious violations with penalties of $63,000 involve failing to keep exits unobstructed; develop specific lockout/tagout procedures for energy sources; periodically inspect energy control procedures; train workers on the hazardous energy control program and lockout/tagout procedures; provide training on hazardous chemicals such as titanium dioxide, xylene, argon, carbon dioxide and propane; secure and cap gas cylinders before storing; correct several electrical deficiencies; and provide machine guarding; as well as operating a forklift with an unsecured gas cylinder creating a safety hazard. Additionally, employees were allowed to bypass a constant pressure switch on portable handheld drills. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Six other-than-serious violations with no monetary penalty involve failing to provide head protection to employees working under heavy materials; mount a fire extinguisher and have it readily available in the maintenance area; train and certify forklift operators; label the petroleum gas storage tank with contents and warnings; develop or implement a noise monitoring program; and ensure appropriate waste receptacles were being used for the disposal of spray painting waste. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
"The size of the penalties and the number of violations is an indication of the gravity of the hazards at this facility. This employer is putting workers at risk by exposing them to electrical, amputations and fire hazards," said Andre Richards, director of OSHA's Atlanta-West Area Office. "It is the employer's responsibility to provide a safe and healthful workplace to prevent from workers from being injured."
The Morgan Truck Body plant in Rydal manufacturers and assembles heavy duty truck bodies for Home Depot Inc., Lowe's Cos. Inc., UPS Inc., FedEx and Ryder System Inc. The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Atlanta-West Area Office at 678-903-7301.
OSHA has proposed a total of $169,000 in fines against contractor Penney Construction Co. LLC in Hartford, CT.,
chiefly for exposing its workers to cave-in hazards while repairing a sewer line in a 10-foot-deep trench on Park Street.
An inspection by OSHA's Hartford Area Office found that not only did the trench lack any protection to prevent the walls from collapsing onto workers, the cave-in hazard was intensified by the presence of an unsupported sidewalk and catch basin overhanging the trench. OSHA standards require that trenches or excavations 5 feet or deeper be protected against collapse through shoring, sloping of the soil or use of a protective trench box. Even after being informed that the conditions posed an imminent danger, the employer continued to send workers into the trench. These hazards resulted in citations for two willful violations with $140,000 in fines. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Five serious violations with $29,000 in fines involve rocks and soil falling into the trench, not testing the sewer line for hazardous atmospheres, a lack of personal protective equipment and not adequately training the workers to recognize the hazards associated with their work. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"This employer repeatedly sent its workers into harm's way even after being told that the unguarded trench posed a clear, immediate and potentially deadly threat," said Paul Mangiafico, OSHA's area director in Hartford. "These workers could have been crushed or buried alive in seconds."
OSHA has placed Penney Construction in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.
The citations can be viewed at http://www.osha.gov/ooc/citations/penneys-construction-314406406-01202012.pdf
Penney Construction has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission.
Related Past Posts:
OSHA Citations - The Week OF January 15th
OSHA Citations - The Week of January 9th
Labels: OSHA Citations, OSHA Fines, OSHA Inspections, OSHA serious violations, OSHA Willful Citation