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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, September 03, 2012

Summary Of Major OSHA Citations - Tyson Foods in Dakota City Cited

A summary of major OSHA citations announced during the week ending September 1st.

The following is based on press releases from OSHA.




OSHA cites Tyson Foods in Dakota City, NB. After Worker Fatality ($104,200)
Koswire in Flowery Branch, GA Cited Following Worker Fatality ($145,530)
Wenco Energy Cited For Repeat and Serious Violations ($167,090)

OSHA Cites Plains Gas Solutions Following Explosion at Eunice, LA ($111,000)

OSHA has cited Tyson Foods Inc. for seven safety violations after conducting an inspection at the company's Dakota City beef processing facility, where a mechanic was fatally injured on March 14.

The mechanic was performing maintenance work beneath a piece of equipment that had been secured in an elevated position by a chain and quick link, but the chain failed and the equipment crushed the mechanic. A willful violation was cited for ineffective periodic safety equipment inspections and failing to make necessary modifications to the worker safety protection process through the inspections.

Five serious violations involve:
  • Failing to provide protective equipment for working with chemicals
  • Failing to use tags when lockout devices are not available for equipment
  • Failing to use suitable energy isolation devices for the work environment
  • Failing to train authorized workers on using lockout/tagout devices to control the energy sources of equipment
  • Failing to provide comprehensive training on hazard communication.
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.

Additionally, one other-than-serious violation is failing to have a competent person certify the hazard assessment.

Tyson Foods Inc. is headquartered in Springdale, Ark., and is one of the world's largest processors and marketers of chicken, beef and pork, as well as prepared foods. The company employs about 115,000 workers at more than 400 facilities and offices in the U.S. and around the world. Approximately 3,500 workers are employed at the Dakota City facility.

Proposed penalties total $104,200, for the citations, which can be viewed at http://www.osha.gov/ooc/citations/TysonFoods_281167_0824_12.pdf.


OSHA has cited Koswire Inc. with 19 safety and health violations, including one willful, following the death of a worker who became caught in moving wire and was pulled into rotating rolls at the company's facility in Flowery Branch.

OSHA's Atlanta-East Area Office initiated an inspection March 3 in response to the fatality. The willful violation is failing to provide machine guarding to protect operators and other workers from hazards created by ingoing pinch points and rotating parts on equipment throughout the plant. 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.

Thirteen serious safety and health violations involve failing to:
  • Develop specific written procedures for the control of potentially hazardous energy for machines with more than one energy source
  • Ensure that authorized employees receive training to recognize hazardous energy sources
  • Provide an emergency eyewash station at the degreasing tank
  • Perform sling inspections
  • Remove slings that are damaged and worn
  • Ensure chemical splash goggles are used when employees handle corrosive chemicals
  • Properly label drums and tanks containing corrosive materials
Additionally, OSHA identified fall hazards and found that the company did not provide equipment guarding on pulleys or horizontal and vertical belts. 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.

Five other-than-serious safety and health violations include failing to:
  • Perform monthly inspections of crane hooks and ensure that all hooks had been tested
  • Provide covers on junction boxes
  • Certify workplace personal protective equipment
  • Develop a written respiratory protection program for employees required to wear respirators
  • Provide employees with Appendix D information for the voluntary use of disposable dust masks
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.

Due to the willful violation and the nature of the hazards, OSHA has placed Koswire Inc. 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.

The citations for the willful and serious violations carry $145,530 in proposed penalties. The citations for the other-than-serious violations do not carry monetary penalties. The citations can be viewed at http://www.osha.gov/ooc/citations/Koswire_422203_08_23_2012.pdf
http://www.osha.gov/ooc/citations/Koswire_315742239_08_23_2012.pdf.

Korea-based Koswire draws steel wire that is later used for the production of springs in various products such as pens and spray cans. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Atlanta-East area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.


OSHA has cited Wenco Energy Corp. in Tulsa with 23 serious and eight repeat safety and health violations, including exposure to unguarded saws and sanders, at the company's East 56th Street manufacturing facility. OSHA initiated an inspection in February as a follow-up to a September 2010 inspection that was conducted after a worker was killed at the facility. Proposed penalties total $167,090.

Serious safety violations include:
  • failing to lock out the energy sources of machinery during servicing and maintenance
  • failing toensure the safe operation of a forklift
  • failing to provide required machine guarding on equipment such as horizontal band saws and vertical belt sanders
  • failing to ensure exits are unobstructed
  • failing to ensure electrical cords are not exposed in order to prevent shocks or electrocutio
Serious health violations include:
  • failing to provide personal protective equipment for workers' eyes, hands and feet
  • failing to provide eyewash stations
  • failing to properly store compressed gas cylinders
Repeat safety violations include:
  • failing to guard machines
  • failing to train workers on the safe operation of forklifts
  • failing to ensure that the manufacturer's guidelines are followed when making repairs on forklifts
  • failing to properly label electrical circuit breakers
A repeat health violation was failing to develop a hazard assessment for personal protective equipment.

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 similar violations based on the 2010 inspection.

The current citations can be viewed at http://www.osha.gov/ooc/citations/WencoEnergyCorporation_316238088_0828_12_Safety.pdf
http://www.osha.gov/ooc/citations/WencoEnergyCorporation_316238278_0828_12_Health.pdf

Wenco Energy, which employs about 32 workers, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Oklahoma City Area Office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.


OSHA has cited Plains Gas Solutions LLC in Eunice for one willful and seven serious violations involving OSHA's process safety management standards following an explosion and fire that severely burned a worker.

OSHA began its investigation Feb. 29 at the company's facility on Fournat Road in Eunice, which specializes in the production of liquid natural gas through a cryogenic process. The incident occurred while employees were restarting the process. Cryogenic liquids were improperly routed through equipment not rated to withstand extreme cold temperatures, resulting in the explosion and fire.

The willful violation is for failing to conduct an analysis of pre-startup safety conditions and systematically managing changes to process-related technology, equipment, procedures and facilities. 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.

Serious violations include failing to:
  • ensure the accuracy of process safety
  • provide a process hazard analysis addressing low temperature deviations
  • ensure that operating procedures are kept current
  • complete incident investigation reports
  • establish a consistent method of documenting changes in the process
Plains Gas Solutions is a subsidiary of Houston-based Plains All American Pipeline LP, which employs about 3,800 workers in Alabama, Louisiana, Oklahoma and Texas.

Proposed penalties total $111,000. The citations can be viewed at http://www.osha.gov/ooc/citations/PlainsGasSolutions.pdf


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