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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 02, 2013

OSHA Significant Citations - Three Citations - $550,000

This is a summary of the OSHA and state OSHA significant citations announced in the past week. These are citations that have proposed total fines that exceed $100,000.



Home Depot Inc. Fined For Repeat Safety Hazards in Ohio ($150,700)
Arctic Glacier Cited For 9 Serious and 3 Repeat Violations ($147,000)
Food Producer Supreme Oil Co. Inc. in Englewood, NJ, Cited ($259,000)


Home Depot Store near New Orleans
Photo by: Infrogmation
OSHA has cited Home Depot Inc. for eight safety violations, including seven repeat, carrying proposed penalties of $150,700 after an inspection at its Reynoldsburg, Ohio store. The inspection was initiated under the site-specific targeting program that directs enforcement resources to workplaces where the highest rates of injuries and illnesses occur.

A total of seven repeat violations were cited. These included:
  • blocked exit routes
  • failing to inspect flexible cords
  • using cords with missing ground pins and damaged insulation
  • failure to effectively close unused openings in electrical cabinets
  • using flexible wiring in lieu of required fixed wiring
  • failure to install plates on receptacles, exposing workers to 120 volts of live electricity
  • failing to review, sign and provide record-keeping documents within four hours, as requested by inspectors
OSHA issues repeat violations if an employer was previously cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The same violations were cited at various Home Depot stores nationwide from 2010 through 2012.

One serious violation was cited for failing to bond and ground flammable, liquid storage containers during transfer to prevent accidental electrical discharge. 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 current citations may be viewed at:
http://www.osha.gov/ooc/citations/HOME_DEPOT_892528_0823_13.pdf

Additionally, in April, one repeat, and one other-than-serious violation were cited at the Reynoldsburg store for failing to include pertinent and specific information and report within seven days an incident on OSHA illness-and-injury log. The company signed a settlement agreement for the citations and paid a penalty of $4,620. 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.

Based in Atlanta, the world's largest home improvement specialty retailer has 2,258 retail stores in 50 states, the District of Columbia, Puerto Rico, U.S. Virgin Islands, Guam, Canada, and Mexico. Fiscal year 2012 sales totaled $74.8 billion, and earnings totaled $4.5 billion. Three hundred thousand associates are employed company wide, with 145 workers at the Reynoldsburg store.

The company has 15 business days from receipt of the citations and notice of proposed penalties to contest them before the independent Occupational Safety and Health Review Commission. If the company does not file or contest within that period, it must abate the cited conditions within the period ordered in the citations and pay the proposed penalties.


Arctic Glacier, Inc., a nationwide ice manufacturer and distributor, has been cited by OSHA for nine serious and three repeat violations of workplace safety standards at its Fairport, N.Y., manufacturing facility. The maker of ice for commercial and retail sales faces proposed fines of $147,400 following an inspection by OSHA's Buffalo Office begun on Feb. 21, 2013, that found significant safety hazards for workers.

The inspection was conducted under OSHA's Site-Specific Targeting Program that directs enforcement resources to high-hazard workplaces where the highest rates of injuries and illnesses occur.

OSHA inspectors found workers exposed to recurring hazards including failing to:
  • establish written mechanical integrity procedures for repair work and inspections
  • inspect and test process equipment in accordance with the manufacturer's recommendations
  • train workers on required lockout/tagout procedures
These conditions resulted in the issuance of three repeat citations with $104,500 in fines. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any of its facilities in federal enforcement states within the last five years.

Serious violations included:
  • fall hazards due to the lack of handrails on stairways
  • failure to ensure authorized workers affixed lockout/tagout hardware on mechanical equipment under maintenance
  • failure to provide permanent wiring in lieu of flexible cord sets
This resulted in the issuance of nine serious citations with $42,900 in fines. 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 full citations can be viewed at:
http://www.osha.gov/ooc/citations/Arctic_Glacier_Cit.pdf

Arctic Glacier, Inc. is the second largest ice producer in the country, and is a subsidiary of Arctic Glaciers Holdings Inc., which is Canada's largest ice producer with headquarters in Winnipeg, Manitoba. Arctic Glacier, 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.


Preparing to deep fry steak in vats
of cooking oil in Madora, ND
OSHA has cited food product manufacturer and distributor Supreme Oil Co. Inc. for one alleged willful, one repeat, and 30 serious safety and health violations found at the company's Englewood plant. A February inspection was initiated as part of the agency's Site-Specific Targeting 2012 inspection plan and resulted in $259,000 in proposed penalties.

Lockout/tagout procedures which prevent inadvertent machine start-up, were not developed, documented, and utilized by the company for the control of potentially hazardous energy, resulting in a willful violation carrying a $70,000 penalty. 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.

The repeat violation, carrying a $33,000 penalty was cited because workroom floors were not maintained in a dry condition. The company was cited for similar violations in 2012. 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.

The serious violations included:
  • electrical and trip hazards
  • failure to provide lockout/tagout training for employees involved in service and maintenance activities
  • failure to ensure fire exits were not obstructed
  • failure to provide appropriate machine guarding and fall protection
  • failure to provide and maintain a hearing conservation program for employees exposed to excessive noise
  • failure to limit employee exposure to carbon monoxide
  • failure to obtain written approval from the forklift manufacturer prior to making modifications.
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 proposed penalty for the serious violations is $156,000.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/Supreme_Oil_Company_Inc_0821_13.pdf

The company has 15 business days from receipt of the citations to comply, request an informal conference with the Hasbrouck Heights area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.



Related Past Posts:
OSHA Significant Citations - $317,000 In Fines
OSHA Significant Citations - $540,000 In Fines
OSHA Significant Citations - Three Citation Totaling $618,000

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