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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, December 23, 2013

OSHA Significant Citations - Five Significant OSHA Citations Announced Last Week

OSHA defines a significant citation as one with more than $100,000 in proposed fines. The following are the citations OSHA and various state OSHA's announced last week that have total fines near to or greater than $100,000.


Tim Graboski Roofing Cited Following Worker Fatality ($154,000)
Olé Mexican Foods Cited For Amputation Hazards ($150,040)
Hartford, CT Welding Company Fails To Correct Safety Hazards ($167,750)
Tyson Foods Cited For 4 Workplace Safety Violations ($147,000)
Grandstand Sportswear and Glassware Cited For Lead, Cadmium and Arsenic Hazards ($119,000)


OSHA has cited Tim Graboski Roofing Inc. of Delray Beach, FL for four safety violations, including two willful, following the electrocution death of a worker.

OSHA also conducted a second inspection at a different company location as part of the agency's local emphasis program on fall hazards in construction.

"Tim Graboski Roofing has repeatedly failed to address the fall hazards associated with roofing work," said Condell Eastmond, OSHA's area director in Fort Lauderdale. "The company needs to correct the pattern of exposing workers to falls and other workplace hazards immediately, which resulted in this tragic loss of life."

On June 27, a worker was electrocuted at a residential job site in Boca Raton when attempting to reposition a metal extension ladder that made contact with overhead electrical power lines. On July 23, OSHA inspectors passing by a residential work site in Cooper City observed workers exposed to fall hazards, prompting a second inspection.

The willful citation on June 27 involves exposing workers to fall hazards of approximately 30 feet by not ensuring usage of a fall protection system.

The July 23 citation involved workers engaged in residential construction up to 19 feet above ground without guardrail systems, a safety net system, a personal fall arrest system, or any alternative fall protection measure. 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.

Two serious violations relating to the fatality involve directing a worker to use a metal extension ladder to gain access to a rooftop in close proximity to high-voltage power lines that were not deenergized, grounded or guarded. The employer allowed the worker to use a metal extension ladder lacking nonconductive side rails when in close proximity to high-voltage power lines. 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:
http://www.osha.gov/ooc/citations/TimGrabroskiRoofing_915428_922611_12_12_2013.pdf

OSHA's fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs. It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

The citations for the willful and serious violations carry $154,000 in proposed penalties. The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.


OSHA has cited Olé Mexican Foods Inc. (Norcross, GA) for two repeat, 14 serious and three other-than-serious safety and health violations following a June complaint inspection at the company's corporate headquarters in Norcross. Proposed penalties total $150,040.

The repeat violations, with $77,000 in penalties, involved failing to ensure workers performing equipment servicing and maintenance understood the energy control program and procedures and those for caught-in and amputation hazards from the points of operation on equipment in the production area. 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 facility in federal enforcement states within the last five years. The same violations were cited in 2011.

The serious safety and health violations, totaling $73,040 in penalties, involved failing to:
  • clearly and specifically outline the energy control procedures for all energy sources on the mixers and production equipment
  • instruct each affected worker on the purpose and scope of the energy control program
  • ensure authorized workers in the energy control program were utilizing lockout procedures when performing service on mixers
  • cover drainage troughs and guarded platforms to prevent trip and fall hazards
  • prevent exposure to amputation and caught-in hazards from protruding shaft ends and unguarded chain and sprockets
  • ensure unobstructed exit routes
  • ensure workers spraying corrosive chemicals use splash goggles
  • provide an emergency eyewash station
  • provide appropriate hand protection
  • conduct audiograms for temporary workers exposed to noise levels in excess of permissible exposure limits.
The other-than-serious violations, with no monetary penalty, involve failing to:
  • store supplies properly against the wall of the spray booth
  • establish a written exposure control plan for workers trained and expected to perform first aid
  • prevent lockout locks from being used for purposes other than for energy control.
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/OleMexicanFoodsInc_911782_1211_13.pdf
http://www.osha.gov/ooc/citations/OleMexicanFoodsInc_911771_1127_13.pdf
http://www.osha.gov/ooc/citations/OleMexicanFoodsInc_911711_1211_13.pdf

Olé Mexican Foods Inc. is a tortilla manufacturing facility that mixes and produces flour and corn dough to make tortillas, tostadas and chips for restaurant distribution. 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.


Jarosz Welding Company Inc. first cited in August 2012

OSHA has cited Jarosz Welding Company Inc., a Hartford-based contractor, for not correcting specific workplace safety hazards cited during a previous OSHA inspection of the company's 544 Ledyard St. welding shop in Hartford.

"We found no evidence that the employer made any effort to safeguard its workers from these serious hazards that prompted great concern and various citations upon initial inspection," said Warren Simpson, OSHA's area director in Hartford. "Left uncorrected, workers are exposed to burns, falls, lacerations and other potential injuries. For the health and well-being of its workers, the employer must take effective action to correct these hazards and prevent their recurrence."

OSHA's Hartford Area Office launched a follow-up inspection after the employer failed to provide abatement documents proving correction of violations cited in August 2012. The follow-up inspection identified eight specific hazards left uncorrected, including failing to:
  • provide welding screens near welding stations
  • maintain suitable extinguishing equipment in ready condition during welding operations
  • provide workers with training on hazardous chemicals in their work area
  • store oxygen and fuel gas cylinders separately
  • provide a guardrail
  • install safety guards on machinery.
Eight failure-to-abate notifications, with $165,550 in fines, were issued for these conditions. A failure-to-abate notice applies to a condition, hazard or practice for which the employer was originally cited, and upon reinspection, was found uncorrected.

The company also received one serious citation, with a fine of $2,200, regarding blocked access to electrical panels. 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 failure-to-abate notices and citations can be viewed at:
http://www.osha.gov/ooc/citations/JaroszWeldingCo_568019_1205_13.pdf
http://www.osha.gov/ooc/citations/JaroszWeldingCo_910472_1205_13.pdf

The company has 15 business days from receipt of its failure-to-abate notices, citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.


Worker's hand severed by unguarded machine. - Company placed in Severe Violator Enforcement Program.

Tyson Foods Inc. has been cited by OSHA for four workplace safety violations at the Hutchinson prepared foods manufacturing plant after a worker's hand was severed by an unguarded conveyor belt.

OSHA began its inspection upon learning of the amputation, which occurred June 17 when four workers were cleaning conveyor equipment at the end of their shift. Guarding on the conveyor was removed, exposing workers to rotating parts. A worker's frock and the employee's arm were then pulled into moving gears of a conveyor that had not been locked out to prevent unintentional operation. Two willful violations involved:
  • failing to train workers on lockout/tagout procedures
  • failing to lock out equipment to prevent the unintentional operation of equipment and exposure to amputation hazards.
One serious violation involved fall hazards when workers ascended to the upper platform work area in two separate plant locations. The company failed to provide fixed stairs to reach those work areas. An OSHA violation is considered serious if death or serious physical harm could result from a hazard an employer knew or should have known existed.

One other-than-serious violation involved the lack of legible markings on forklift levers. 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 Hutchinson plant has been inspected by OSHA five times in the past 10 years, resulting in seven violations.

OSHA has proposed fines of $147,000. The citations can be viewed at:
http://www.osha.gov/ooc/citations/TysonFoodsInc_913161_1213_13.pdf

Due to the nature and severity of violations, the company has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

Tyson Foods Inc., headquartered in Springdale, Ark., is one of the world's largest processors and marketers of chicken, beef, pork and prepared foods. Approximately 115,000 workers are employed at more than 400 facilities and offices nationwide and overseas, with 150 workers at the Hutchinson facility. 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.


Screen It Graphics of Lawrence (KS), which conducts business as Grandstand Sportswear and Glassware, has been cited by OSHA for 27 safety and health violations at their manufacturing facility. An OSHA inspection was prompted by a referral from a local health department and conducted as part of the agency's national emphasis program for lead. Proposed fines total $119,000.

OSHA conducted wipe samples and personal air sampling to detect lead, cadmium and inorganic arsenic in the facility that produces personalized bar and glassware, apparel and business items. The wipe samples detected all three contaminants, and personal air monitoring found airborne concentrations of cadmium above the action level.

A total of 21 serious health violations include failing to:
  • ensure that all surfaces were maintained as free as practicable from arsenic, lead and cadmium.
  • develop and implement a housekeeping and maintenance plan and ensure the use of effective cleaning methods for these contaminants.
  • train workers on hazards of materials containing contaminants and to use personal protective equipment.
  • monitor exposure to materials.
  • provide clean changing rooms to prevent cross-contamination with street clothing.
  • determine the airborne concentrations of lead, cadmium and inorganic arsenic.
  • provide coveralls and other personal protective clothing, such as gloves and shoe coverlets.
  • develop an effective respiratory protection program, including medical evaluation, training and fit testing workers for proper respiratory equipment.
An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known existed.

The agency opened a separate safety investigation after observing hazards during the health investigation. Six serious safety violations were found, including failing to:
  • establish an effective lockout/tagout program to prevent the unintentional operation of machinery.
  • provide machine guarding; prevent electrical shock hazards due to improper and damaged wiring.
  • ensure knockouts on junction boxes and covers on live electrical parts to prevent exposure.
The citations can be viewed at:
http://www.osha.gov/ooc/citations/ScreenItGraphicsofLawrence_912561_1216_13.pdf
http://www.osha.gov/ooc/citations/ScreenItGraphicsofLawrence_924174_1216_13.pdf

Grandstand Sportswear and Glassware employs 95 workers at this facility. 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.


Related Past Posts:
Over $751,000 In Significant Citation
Arizona Issues $559,000 Citation
Previous Week's Significant Citations

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