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 17, 2014

Two OSHA Significant Citations Announced

OSHA defines a significant citation as one with more than $100,000 in proposed fines. An OSHA citation is a claim by OSHA that there has been a safety violation. It does not mean a violation has taken place, nor that the violation is as severe as claimed. The company has 15 days to contest OSHA claims. The following are the citations OSHA announced last week that have total fines of $100,000 or more.

Wakefield, MA, Contractor Cited For Trenching Hazards ($144,400)
Dudley Lumber Co. Cited For Serious Safety Violations ($106,650)

Photo illustrates hazards such as employees working
in an unprotected excavation, without a ladder
and with debris piled atop the excavation.
(OSHA photo)

Workers Exposed To Cave-In Hazards

OSHA has cited Wakefield (Massachusetts) excavation and utilities contractor Joseph P. Cardillo & Son Inc. for willful and serious violations of excavation safety standards at a Milton work site. Cardillo faces $144,400 in proposed fines following an inspection by OSHA's Braintree Area Office begun on Aug. 6, 2013, in response to an anonymous complaint.

Workers were installing water mains in a trench 6 feet, 8 inches deep at Rustlewood and Central Avenues, with no cave-in protection and a ladder to exit. They were exposed to falling debris that accumulated above the trench. As a result, OSHA issued two willful citations, with $140,000 in fines, for the cave-in and exit hazards. OSHA issued one serious citation, with a $4,400 fine, for the debris hazard. The same willful violations were cited in Dec. 2010 at a Salem, N.H., work site.

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. 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.

OSHA standards require that all trenches and excavations 5 feet or deeper be protected against sidewalls collapsing. Protection may be provided through shoring of the trench walls, sloping the soil at a shallow angle or by using a protective trench box.

Since 2011, Cardillo has been placed in OSHA's Severe Violator Enforcement Program, which focuses on employers with a history of safety violations that endanger workers by demonstrating indifference to their responsibilities under the law.

Dudley Lumber Co. Inc. has been cited by OSHA for 26 safety and health violations following an August 2013 inspection at the company's facility in Salem (Alabama). OSHA initiated the inspection as part of the agency's national emphasis program on amputations and noise. The proposed penalties total $106,650.

"I am concerned by this employer's lack of effort to protect workers from hazards, such as unguarded machinery, hearing damage and fire hazards," said Joseph Roesler, OSHA's area director in Mobile. "Earning a paycheck should not require exposure to risk of serious injury or death because an employer chose not to put worker safety first."

Twenty-one serious violations involved the employer failing to:
  • provide workers with locks to prevent equipment startup while they were working in and around machinery
  • provide seat belts on powered industrial equipment and require their usage
  • provide an emergency eyewash and body-wash stations for workers handling corrosive materials
  • protect workers exposed to noise in excess of the established limits
  • protect workers from amputation and struck-by hazards resulting from unguarded equipment.
To view the current citations and the five other-than-serious violations, visit:

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.

OSHA has conducted two inspections at the sawmill since 2004. These inspections were conducted in Alabama at the Salem and Lafayette facilities. In 2004, the company was cited with six serious violations and one other-than-serious violation, resulting in $7,200 in proposed penalties. Dudley Lumber has paid those 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 Occupational Safety & Health Review Commission.

Dudley Lumber operates saw and planer mills in Salem and Lafayette and employs approximately 130 workers.

According to the Bureau of Labor Statistics, preliminary data from the Census of Fatal Occupational Injuries shows fatal work injuries in Alabama accounted for 81 of the 4,383 fatal work injuries reported in 2012. Additional details are available at http://bls.gov/iif/home.htm.

Related Past Posts:
OSHA Significant Citations - Over $800,000
OSHA Significant Citations Announced Last Week
OSHA Significant Citations

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posted by Steve Hudgik
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