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.

Saturday, June 08, 2013

OSHA Serious Citations - Recycling Company Cited For Lack of LOTO and Other Hazards

The following is a summary of recent OSHA and state OSHA significant citations. These are citations that have proposed fines over $100,000 and that were announced during the past week.

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

Rochester, NY, Manufacturer Cited Following Amputation ($159,000)
Timpson, Texas, Sawmill Cited After Fatality ($116,200)
OSHA Fines Ohio Explosives Factory For Health & Safety Violations ($258,000)

OSHA has cited American Recycling and Manufacturing Co. Inc. for 18 alleged violations of workplace safety standards at its Rochester manufacturing plant. The packaging manufacturer faces a total of $159,400 in proposed fines following an inspection by OSHA's Buffalo Area Office prompted by a Dec. 3, 2012, amputation incident.

An employee who was cutting wood with a pop-up saw lost his left hand when another employee accidentally stepped on the machine's operating foot pedal that was unguarded, unexpectedly activating the saw.

Two willful citations, with $88,000 in fines, were issued for the unguarded foot pedal and for failing to secure the saw to the floor. 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.
Sixteen serious citations, with $71,400 in fines, involve:
  • failing to establish a hazardous energy control or lockout/tagout program
  • failing to provide energy control equipment and training to workers
  • lack of a hazard communication program
  • failing to train employees on chemical and wood dust hazards
  • having an exit door that was welded shut
  • various electrical hazards
  • untrained powered industrial truck operators
  • failure to keep the workplace clean, orderly and sanitary
  • not maintaining the floor in good repair
  • inadequate guarding of moving machine parts
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 citations can be viewed at:
American Recycling and Manufacturing Co. Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

Photo by QzQ
OSHA has cited Nix Forest Industries Inc. in Timpson, Texas, with 17 safety and health violations, including one willful, after a worker was killed in December 2012 when he was struck by a broken band saw blade and other workers were exposed to hazards at the sawmill.

The willful violation resulted from failing to use control procedures for hazardous energy when cleaning, removing debris and unjamming equipment and machinery.

Some of the 14 serious safety violations cited include:
  • failing to provide easily understood lockout/tagout training for energy control
  • failing to certify that energy control training was completed and current
  • failing to ensure that tagout devices were affixed to clearly indicate the operation or movement of the energy isolating device
  • failing to guard machines
  • not ensuring that pulleys with parts less than 7 feet from the floor were guarded
  • not having warning signs posted at possible low carriage areas
  • band saw wheels not being completely enclosed or guarded
  • not ensuring flexible cords and cables were not used as substitutes for fixed wiring
One health violation was cited for failing to administer an effective hearing conservation program for workers exposed to occupational noise.

An other-than-serious violation was cited for failing to ensure that an OSHA 300A injury and illness form was properly certified. 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/NixForestIndustriesInc_771461_0603_13.pdf http://www.osha.gov/ooc/citations/NixForestIndustriesInc_798862_0603_13.pdf.

Proposed penalties total $116,200. The company, which specializes in cutting lumber to size for its customers, has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's Dallas area director or contest the findings before the independent Occupational Safety and Health Review Commission.

OSHA has cited Austin Powder Co. with 51 health and safety violations carrying proposed fines of $258,000 for multiple violations of OSHA's standards for process safety management at facilities that use highly hazardous chemicals. The McArthur facility produces commercial explosives for the construction and mining industries.

The OSHA inspection was initiated December 12, 2012, under the Site Specific Targeting Plan, which targets companies that record a higher than average incident and illness rate. A secondary inspection was conducted under the national emphasis program for covered chemical facilities.

Twenty-three serious violations related to process safety management include:
  • failing to correct deficiencies found in compliance audits.
  • failing to have operating procedures address consequences of deviation from operating limits, including not having steps to avoid or correct deviation from such limits.
  • not following generally accepted good engineering practices for inspection and testing procedures.
An additional 24 serious violations involved:
  • inadequate labeling of hazardous chemical containers
  • not developing energy control procedures for the maintenance and servicing of equipment
  • a lack of machine guarding and fall protection
  • violations of electrical safety standards
Four other-than-serious violations involved:
  • failing to identify the worker who applied a lockout device
  • not effectively closing unused openings in electrical cabinets and boxes
  • not including the properties and hazards presented by process chemicals in written operating procedures
The facility was inspected in 2009 after an explosion that resulted in three workers hospitalized, one of whom died from injuries received. Five serious citations were issued. A 2010 follow-up inspection found no violations.

The current citations may be viewed at:
http://www.osha.gov/ooc/citations/Austin_Powder_Company_782861_0606_13.pdf http://www.osha.gov/ooc/citations/Austin_Powder_Company_783282_0606_13.pdf

Austin Powder, headquartered in Cleveland, employs 225 workers at the McArthur facility, and also operates facilities in Camden, Ark., Brownsville, Texas, and Valle Hermosa, Mexico.

More information about OSHA's standards for the management of hazards associated with processes involving highly hazardous chemicals is available at:

The company 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.

Related Past Posts:
Last Week's Significant Citations - Massachusetts Contractor Faces Fines
Last Week's Significant OSHA Citations
OSHA Significant Citations - Trenching Hazards Result In Citations

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