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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, February 18, 2013

Weekly Summary Of OSHA Significant Citations

The following is a summary of OSHA and state OSHA significant citations that have proposed fines over $100,000 that were announced during the week ending February 16th.

The following are based on a press releases from OSHA and other sources. We are now including reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement.


Jacksonville, FL Bacardi Bottling cited following death of worker on his 1st day ($192,000)
OSHA fines Landes Foods in Dallas for repeat violations ($129,500)




OSHA has cited Bacardi Bottling Corp. with 12 alleged safety violations following the death of a 21-year-old temporary worker his first day on the job. Lawrence Daquan "Day" Davis was crushed to death by a palletizer machine at the Jacksonville facility in August 2012. The company uses Remedy Intelligent Staffing as a temporary staffing service to provide laborers for certain types of jobs.

Click here to read the story in the Florida Times-Union, including a statement from Bacardi.

Davis was cleaning glass from under the hoist of a palletizing machine when an employee restarted the palletizer. Bacardi Bottling had failed to train temporary employees on utilizing locks and tags to prevent the accidental start-up of machines and to ensure its own employees utilized procedures to lock or tag out machines.

Two willful citations have been issued for failing to develop, document and utilize lockout/tagout procedures for the control of potentially hazardous energy and train temporary workers on lockout/tagout procedures. 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.

Also cited are nine serious violations for:
  • exposing workers to trips, struck-by and fire hazards where fixed permanent conveyors crossed through the aisle
  • obstructing exit routes
  • exposing workers to falling bottles and debris from overhead conveyors and electrical shock hazards.
  • failing to provide an adequate number of lockout/tagout devices to perform lockout/tagout procedures of energy sources on various equipment
  • failure to conduct an adequate periodic review of the energy control procedures
  • failing to perform servicing and maintenance on machines and equipment without training in the methods and means for energy isolation
  • failing to require workers to wear safety goggles and long sleeves when using air guns at 90 pounds per square inch.
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 violation has been cited for storing a mixing tank within 12 inches of the electrical panel box. 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.

Proposed penalties for the willful and serious violations total $192,000. The citations can be viewed at http://www.osha.gov/ooc/citations/BacardiBottlingCorp_584358_0208_13.pdf*.



OSHA has cited Landes Foods LLC (Lobo brand tortillas) with six safety and health violations, including four repeat violations, after an August 2012 follow-up inspection found workers were continuing to be exposed to workplace hazards at the company's tortilla manufacturing facility on Hines Place in Dallas. Proposed penalties total $129,500.

The three repeat safety violations were cited for failing to:
  • provide quick drench and eyewash facilities for employees working with corrosive sanitation chemicals
  • ensure electrical receptacles had appropriate polarity
  • ensure the use of protective footwear
A repeat health violation was cited for failing to monitor exposure to formaldehyde released during the chip frying process.

A repeat violation is issued 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. Similar violations were cited in May 2010 that resulted in penalties totaling $123,200. The company contested the citations, and the case is currently in collection.

The two serious health violations were cited for failing to monitor noise level exposure and provide audiometric testing for workers exposed to noise at or above 85 decibels for an eight-hour time-weighted average.

Information on preventing occupational hearing loss is available at http://www.osha.gov/SLTC/noisehearingconservation/hearingprograms.html.

Citations can be viewed at http://www.osha.gov/ooc/citations/LandesFoodsLLC_588658_0213_13.pdf
http://www.osha.gov/ooc/citations/LandesFoodsLLC_633158_0213_13.pdf.

Landes Foods, which employs approximately 283 workers who manufacture corn and flour tortillas and precut chips, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Dallas office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.



Related Past Posts:

Significant OSHA Citations - Week Ending February 9th
Significant OSHA Citations - Week Ending February 2nd


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