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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 16, 2013

Significant OSHA Citations - CVS Faces Nearly $200,000 In Fines

OSHA Significant Citations

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.



Cal/OSHA Cites Henkel Following Death of Temporary Worker ($200,825)
Taylor's Drain and Sewer Worker Injured In Trench Collapse ($194,000)
CVS Faces Fines For Exit Access, Struck-By And Other Hazards ($199,500)


Cal/OSHA has cited Henkel Corporation a total of $200,825 for multiple serious and willful violations following the April death of a 26-year-old temporary worker who became entangled with the exposed rotating shaft of a mixer while mixing industrial adhesive. Cal/OSHA sanctioned the company for failing to identify and safeguard against the hazards of working near the mixer.

Cal/OSHA’s investigation resulted in citations to the Henkel Corporation for six serious violations, two of which are considered willful serious, as well as one general violation. The German multinational company has a manufacturing plant in Bay Point, where the accident occurred.

The willful violations were issued for Henkel’:s
  • failure to properly set up and maintain operation guards for the mixer.
  • failure to follow its own Injury and Illness Prevention Program (IIPP) provisions regarding the identification and correction of serious hazards posed by the mixer. 
The investigation also revealed the company continued to operate the mixer despite knowing that the partial guard on the mixer exposed workers to dangerous moving parts.

The temporary worker, an Antioch man hired by staffing agency HR Comp, was pulled into the unguarded mixer shaft and was unable to free himself from the shaft. He subsequently died from his injuries. One of the serious violations issued against Henkel was for the company’s failure to ensure that sleeves on employee coveralls fit tightly so clothing would not get caught in machinery.

In addition, Cal/OSHA also cited two professional employer organizations (PEOs): HR Comp, LLC, based in Tennessee; and Action Personnel Agency, Inc. dba Staffing Solutions Group, based in Pleasant Hill. HR Comp is an online PEO providing temporary workers for Henkel and Staffing Solutions Group is the area PEO, designated to conduct OSHA-related activities for HR Comp. The PEOs were cited $1,500 each for failure to implement an effective written IIPP.

A willful violation is cited when an employer is aware that a hazardous condition exists but makes no reasonable effort to eliminate the hazard. A serious workplace safety violation is cited when there is a realistic possibility that death or serious physical harm could result from the violation. A general violation is one in which an accident or illness may result but is not likely to cause death or serious harm.


Taylor's Drain and Sewer Service has been cited by OSHA for ten safety violations, including two willful violations. OSHA found that the company failed to protect workers from cave-ins during trenching operations at two separate jobs sites in Lincoln, leading to a worker suffering a serious injury. OSHA has proposed penalties of $194,000.

On March 22, 2013 at a worksite located at 5600 South 90th Street. in Lincoln, NB, a worker was buried waist-deep when a trench approximately 9-feet-deep collapsed. The worker required surgery to recover from his injuries.

On April 11, at a separate job site located at 4530 Adams Street, two other workers were observed in a 10-foot-deep trench without protection. Taylor's Drain and Sewer Service Inc. was installing water and sewer lines at both locations in Lincoln.

At the 5600 South 90th Street. job site, the company was cited for six serious violations, including failing to:
  • develop and implement a written hazardous communication program
  • provide workers with hazard recognition training
  • protect workers from exposed underground utilities
  • provide a means of safe access and egress during trenching and excavation work
  • provide a competent person for trench inspection prior to worker entry
  • provide trench cave-in protection
An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known existed.

During OSHA's inspection at the 4530 Adams Street job site, two willful and two serious violations were cited. The willful violations were:
  • failing to provide cave-in protection to workers in a trench more than 5-feet-deep
  • failing to provide a competent person for trench inspection prior to worker entry
A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

The two serious violations cited were:
  • failing to provide a means of safe access and egress during trenching and excavation work
  • failing to protect workers from struck-by hazards, including spoil piles of soil placed less than two feet from the edge of the trench
Only two workers were at this job site.

OSHA standards mandate that all excavations 5-feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available at:
http://www.osha.gov/SLTC/trenchingexcavation/index.html

The citations can be viewed at:
http://www.osha.gov/ooc/citations/TaylorsDrain_897301_0912_13.pdf
http://www.osha.gov/ooc/citations/TaylorsDrain_900012_0912_13.pdf

OSHA has placed Taylor's Drain and Sewer Services Inc. in its Severe Violator Enforcement Program as a result of these inspections. The program 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 company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.


CVS 86th Street Store
Photo by Google Street View
CVS Albany LLC (Brooklyn, NY) has been cited by OSHA for exit access and other hazards at the retailer's 2151 86th St. pharmacy and store in Brooklyn. Proposed fines total $199,500 following a complaint inspection in March by OSHA's Manhattan Area Office.

Recurring hazards included:
  • an obstructed exit route
  • unsecured and unstable stacks of boxes stored close to fire sprinkler heads
  • a stairway narrowed to an unsafe width by a conveyor
  • floors covered by a disorganized assortment of boxes, garbage bags and loose merchandise
  • an uncovered electrical junction box
These conditions exposed employees to crushing and struck-by injuries, slips, trips, falls, electric shock and an inability to exit the store swiftly and safely during a fire or emergency. These conditions resulted in the issuance of five repeat citations, with $169,000 in fines. 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. Similar hazards were cited between 2010 and 2012 at CVS stores in Orange, Conn.; Garden City and Sunnyside; and East Providence, R.I.

Five serious citations, carrying $30,500 in proposed fines, involved:
  • a locked gate in front of an emergency exit
  • a stuck and difficult-to-open fire exit door
  • blocked access to a fire extinguisher
  • lack of fire extinguisher training for employees
  • a missing stairway handrail
OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

Woonsocket, R.I.-based CVS Caremark Corp. is the largest pharmacy health-care provider in the country with more than 3,700 pharmacies/stores nationwide. It 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.

The citations can be viewed at:
https://www.osha.gov/ooc/citations/CVS895172.pdf

An interactive eTool addressing evacuation plans and procedures to help businesses implement an emergency action plan and comply with OSHA's emergency standards is available online at:
http://www.osha.gov/SLTC/etools/evacuation/index.html.


Related Past Posts:
OSHA Significant Citations - Adams Thermal To Pay $1.33 Million
OSHA Significant Citations - $550,000 In Fines
OSHA Significant Citations - $317,000 In Fines

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