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DuraLabel's Weekly Safety News

Blog Author Angelique Sanders

Weekly safety news. Stay in touch with what is happening at OSHA as well as other workplace safety news. Includes a report on the significant OSHA citations announced the previous week. Plus we scan national and local (and world) publications for workplace safety news. This is your source for the latest safety news.


Monday, February 20, 2012

Summary Of Last Week's Major OSHA Citations

Summary of major OSHA citations announced during the week of February 12th.

The following are press releases from OSHA.



Publix Supermarkets Cited Following Amputation Of Employee's Hand ($182,000)
Franklin Lumber Cited For Combustible Dust Hazards ($103,000)
Bridgford Foods Cited For Repeat And Serious Safety Hazards ($174,500)

Pipeline Industries Cited For Trenching Hazards ($180,180)
OSHA Cites Jeffboat For 9 Safety Violations ($119,000)


Publix Store, Pompano Beach. Photo by: Bastique

Publix Supermarkets cited by US Department of Labor's OSHA for willful and repeat violations following amputation of employee's hand Penalties proposed total $182,000.

Publix Supermarkets Inc. has been cited by OSHA for 16 safety and health violations at its 9786 W. Beaver St. distribution facility in Jacksonville after receiving a complaint in September that a worker's hand was amputated while cleaning conveyor equipment. Proposed penalties total $182,000.

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SuperMarket News reports that:

"A spokesman for Publix, Dwaine Stephens, told SN Thursday that the company plans to appeal the citations. “We disagree with the citations issued to our Jacksonville Fresh Foods facility, we disagree with the opinions expressed by OSHA's Jacksonville Area Director, and we plan to appeal the citations,” Stephens said. “In the meantime, we are actively working on identifying and addressing any issues that may have contributed to this unfortunate incident and are constantly developing ways to improve our safety performance.”
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One willful violation with a $70,000 penalty was cited for failing to utilize procedures for the control of potentially hazardous energy when employees service or clean equipment. 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.

Two repeat violations with penalties of $66,000 include failing to develop, document and utilize lockout/tagout procedures and not conducting an annual inspection of the energy control procedures. 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's Dacula, Ga., location was cited for the same violation in April 2008.

Publix Supermarkets also has been cited for six serious violations with penalties of $39,400 for failing to adequately train employees in procedures for the lockout/tagout of machine energy sources, install machine guarding on equipment where employees could come into contact with rotating and ingoing nip points, protect workers from struck by hazards by not anchoring equipment to the floor, protect workers from electric shock by having damaged electrical equipment repaired, use appropriate electrical outlet boxes in wet/damp locations and use receptacles that did not have weatherproof enclosures. 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 safety violations with penalties of $6,600 have been cited for failing to complete an OSHA 301 log injury and illness incident report or its equivalent for 2007, 2008, 2009 and 2010, and have a company executive sign the OSHA 300 log of injuries and illnesses for 2007 and 2008. One other-than-serious health violation, with no monetary penalty, has been cited for failing to have a written hazard communications program that listed hazardous chemicals in the workplace. 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.

"Publix is well aware of the hazards the cleaning crew was exposed to, yet took no steps to safeguard employees by controlling the conveyor equipment's energy source,” said Brian Sturtecky, OSHA's area director in Jacksonville. "Exposing workers to amputation hazards is unacceptable, and corrective action must be taken immediately.”

Due to the repeat violations and the nature of the hazards, OSHA has placed Publix in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on the program, visit http://s.dol.gov/J3.

Publix is a privately owed company with 1,026 supermarkets, eight distribution centers and five manufacturing facilities with operations in Florida, Georgia, South Carolina, Alabama and Tennessee. The Jacksonville distribution center employs approximately 450 workers and has a small fresh foods manufacturing process area.

The citations can be viewed at http://www.osha.gov/ooc/citations/PublixSupermarkets_315479907_0213_12.pdf.*


A Mississippi lumber company, Franklin Lumber, was cited by OSHA for combustible dust and other hazards; more than $103,000 proposed in fines.


OSHA has cited Franklin Lumber Co. in Bude for 22 safety violations. OSHA initiated its inspection as part of the agency's national emphasis program to reduce employees' exposure to combustible dust hazards. Proposed penalties total $103,356.

Sixteen serious violations involve management's failure to prevent accumulations of combustible dust; provide guardrails around equipment; remove defective industrial trucks from service; and provide proper machine guards. 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.

"There is no need to expose employees to combustible dust and other hazards we found at this plant. Employees deserve to work in a safe and healthy environment, and management needs to take responsibility for correcting these hazards," said Clyde Payne, director of the agency's Jackson Area Office.

Four repeat violations include failing to cover live electrical parts, use permanent wiring instead of flexible cords, properly label hazardous chemicals and provide machine guards for pulleys. Similar violations were cited in 2008 as part of a fatality-related plant inspection. 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 other facility in federal enforcement states within the last five years.

Two other-than-serious violations with no monetary penalties include failing to provide covers on electrical pull and junction boxes, and to obtain and provide material safety data sheets for hazardous chemicals at the plant. 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/FranklinLumberCo_315303891_0214_2012.pdf*

Franklin Lumber is a division of Cortez Byrd L.P., which is located in Brookhaven. The employer has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.



Bridgford Food web site home page.
OSHA cites California-based Bridgford Foods for repeat and serious safety hazards at Dallas Chancellor Row facility

OSHA has cited Anaheim, Calif.-based Bridgford Foods Corp. for six serious and two repeat safety violations at one of its food manufacturing facilities in Dallas. Proposed penalties total $174,500.

OSHA's Dallas Area Office began an investigation on Aug. 23, 2011, at the company's Chancellor Row location as part of the agency's Severe Violators Enforcement Program, which mandates follow-up inspections of recalcitrant employers that have endangered workers by committing willful, repeat or failure-to-abate violations. For more information about the program, visit http://s.dol.gov/J3.

"Bridgford Foods has a history of putting its employees at risk of serious injury," said John Hermanson, OSHA's regional administrator in Dallas. "The company needs to adhere to OSHA's standards for controlling hazardous energy and machine guarding to prevent the loss of limb and life."

The serious violations include failing to provide required machine guarding to prevent workers from coming into contact with rotating parts on drill presses, implement energy control procedures for machinery with more than one energy source, ensure that employees are trained on the use of energy control procedures, and prevent slip and "struck-by" hazards by ensuring walkways are kept clean and dry. 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.

The repeat violations involve failing to ensure lockout/tagout procedures of energy sources were performed by an authorized employee and that the authorized employee affixed a personal lock or tag to the group lockout device. 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 other facility in federal enforcement states within the last five years. OSHA cited the company for similar violations in February 2008 with penalties of $8,000, in September 2008 with penalties of $33,900 and in January 2010 with penalties of $106,000.

Additionally, OSHA cited the company's facility on South Good Latimer Expressway in Dallas in October 2011 for 27 safety and health violations with penalties totaling $422,600.

The citations for the most recent inspection can be viewed at http://www.osha.gov/ooc/citations/Bridgford_314184045_0215_12.pdf.*

Bridgford Foods, a producer of frozen bread dough and baked products, employs about 38 workers at the Chancellor Row facility. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Dallas area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.



Pipeline Industries cited for exposing workers to trenching hazards in Wheat Ridge and Colorado Springs, Colo.

OSHA has cited Greenwood Village-based Pipeline Industries Inc. with seven safety violations for exposing workers to cave-in hazards at excavation work sites in Wheat Ridge and Colorado Springs. Proposed penalties total $180,180.

OSHA's Englewood Area Office opened an investigation at a Garland Street work site in Wheat Ridge on Aug. 30 and a second investigation on Sept. 8 at a North Murray Boulevard site in Colorado Springs, following reports that workers were installing sewer pipes without adequate protection from possible cave-ins.

Two willful violations include failing to install the required cave-in protection and provide a competent person to remove workers from recognized hazardous conditions. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.

Two serious violations include failing to maintain specific data for the shoring system in use, and to provide a safe means of access and egress from the trench. 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.

Three repeat violations involve failing to ensure the spoil pile was placed at least 2 feet from the edge of the trench at each work site and to repair damaged ladders. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, or rule at any other facility in federal enforcement states within the last five years. Similar violations were cited in 2010 at a Denver work site.

"A trench can quickly become a grave when an employer fails to protect workers from a trenching or excavation cave-in," said David Nelson, area director of OSHA's Englewood office. "The hazards discovered during these inspections are well recognized within the industry, yet this employer chose to put workers in harm's way."

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

The citations can be viewed at http://www.osha.gov/ooc/citations/PipelineCitations.pdf.*

Pipeline Industries, which provides repair and replacement services for sewer, water and storm lines, has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's Englewood Area Office or contest the findings before the independent Occupational Safety and Health Review Commission.


Jeffboat facility in Jefferson, IN.
Jeffboat is the largest inland shipbuilder in the U.S
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OSHA has cited Jeffboat LLC for nine safety violations, including one willful violation, at its Jeffersonville facility after a worker was fatally crushed on Aug. 19, when he became trapped between a malfunctioning transfer car and a barge.

This fatality is the third at the barge manufacturing facility since May 2010, when two other workers were killed in separate incidents on different days. OSHA has conducted five inspections since that time, resulting in citations for 46 violations, including the nine from this most recent investigation.

"Jeffboat has a responsibility to ensure that its employees are properly protected from known workplace hazards," said Ken Gilbert, OSHA's area director in Indianapolis. "Failing to ensure workers' safety and health through appropriate equipment maintenance, training and adherence to OSHA regulations demonstrates a lack of regard for employees' lives and well-being. OSHA is committed to protecting workers, especially when employers fail to do so."

The willful citation is composed of two grouped violations. The first grouped violation is for failing to properly assemble and install pendant controllers used to operate transfer cars in accordance with instructions provided by the manufacturer. The improper installation allegedly allowed water and moisture to enter the pendant controllers, which may have caused the malfunction from the resulting corrosion. The second grouped violation is for continuing usage of equipment for which the electrical parts are corroded. 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.

Seven serious violations have been cited for hazards such as failing to develop and implement lockout procedures involving hazardous energy control equipment, not training employees to work safely around and operate transfer cars, not inspecting transfer cars and ensuring that electrical circuits had been de-energized prior to employees performing work on equipment and failing to provide strain relief on the pendant controllers. 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.

One other-than-serious citation is composed of two grouped violations including failing to properly train workers on electrical hazards and the usage of electrical personal protective equipment.

Proposed fines total $119,000 for the nine violations. The citations can be viewed at http://www.osha.gov/ooc/citations/Jeffboat_98680_0215_12.pdf*.

A May 10, 2010 fatality occurred when an employee carrying a welder and whip line fell between the top and middle guardrails of a barge to the ground 20 feet below. A serious violation was cited for failing to keep the guardrails taut, and a repeat violation was cited for housekeeping issues, as multiple trip hazards from gas lines and structural elements were found to be present.

A May 17, 2010 fatality occurred when an employee carrying working gear was climbing up a ladder from the inside of a barge and fell. A serious violation was cited for employees carrying items up and down ladders, which prevented them from maintaining three points of contact.

Jeffboat specializes in hopper, tank and oceangoing tank barges. The company employs about 700 workers and is owned by American Commercial Lines LLC of Jeffersonville.



Related Past Posts:
Summary Of OSHA Citations For Week Of February 5th
Summary Of OSHA Citations For Week Of January 29th
Summary of OSHA Citations For Week Of January 22nd

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