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DuraLabel's Weekly Safety News

Blog Author Angelique Sanders

Weekly safety news. Stay in touch with regulations from OSHA, NFPA, and other safety codes. Find out about other companies' best and worst practices. We scour the internet to provide you with helpful training resources and the latest safety information.


Monday, April 16, 2012

Not Allowing OSHA Inspection Results In Contempt Of Court Citation

The following is from an OSHA press release:

Senior District Judge Joe Billy McDade of the U.S. District Court for the Central District of Illinois, Peoria Division, has found All-Feed Processing & Packaging Inc. in civil contempt of court for failing to allow OSHA to inspect its Galva facility between May 4 and July 5, 2011. The Alpha-headquartered company has been ordered to pay $31,000 in fines for contempt and $10,964.95 in attorney's fees.

All-Feed as responded, stating that the OSHA news is out of date. Their response is reported in the Star-Courier, which states:

"The information coming out now we expected. It's about six months old. It takes time for the court system to get their information public," Tim Anderson general manager at All-Feed said. "Our appeals were filed six months ago, and we expect favorable results when we get before a new judge."

Read the Star-Courier article here.

The OSHA press release reported that Judge McDade determined that the company's refusal to allow subsequent inspections of its pet food research and packaging facility in Galva, unless OSHA would agree to limitations on time and conditions, constituted clear and convincing evidence of a deliberate attempt to evade the warrant requirements issued by the district court in May.

In November 2011, OSHA cited All-Feed for 23 safety and health violations at its facility in Galva, including citations defining some violations as willful violations of OSHA's air contaminant, respiratory protection and hearing conservation standards. Some of the violations were cited under OSHA's "general duty" clause, including failing to provide appropriate fire and explosion protection in locations where concentrations of combustible dust existed. All-Feed contested the proposed fines, which total $758,450.

The Star-Courier article reports on All-Feed's response last fall, stating: "The company contended it allowed full access, but the contempt action was taken by OSHA 'because they felt All-Feed was not as cooperative as they would like,' according to a company statement released then."

Related Past Posts:
OSHA Cites Pet Food Company
Grain Bin Fatality In Ohio
OSHA Settles Litigation In Death Of Two Teens

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posted by Steve Hudgik
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