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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, March 03, 2014

Three OSHA Significant Citations Announced Last Week

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.

E.R. Wagner Manufacturing Cited For Serious Safety Violations ($106,000)
Shippensburg (PA) Foundry Cited For Repeat Violations ($163,240)
Nichiha USA Inc. (Georgia) Cited For Repeat Safety Violations ($138,600)


E.R. Wagner Manufacturing Co. was cited by OSHA for 14 safety violations, carrying proposed penalties of $106,000. OSHA initiated an inspection of the Milwaukee, Wisconsin plant in August 2013 under the Site-Specific Targeting Program, which focuses on facilities with a higher than average illness and injury rate.

"We found multiple machines in use at E. R. Wagner Manufacturing Co. that lacked machine guarding, which protects workers from amputation and other severe injuries," said Christine Zortman, OSHA's area director in Milwaukee.

One willful violation was cited for lack of machine guarding on a metalworking machine, which exposed workers to amputation hazards. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to employee safety and health.

Seven serious safety citations were issued to the company. Four of those violations also involved the lack of machine guarding. The remaining three violations included:
  • inadequate lockout/tagout procedures;
  • inadequate training;
  • failing to certify periodic inspections of energy control procedures.
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.

Additionally, six other-than-serious violations involved:
  • failing to inspect slings prior to use;
  • lack of employee training on bloodborne pathogens initially and annually;
  • failing to certify powered industrial truck training records;
  • failing to perform pre-shift inspections of forklifts;
  • forklift nameplates not legible.
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.

To view the current citations, visit:
http://www.osha.gov/ooc/citations/ER_WAGNER_MFG_934023_0220_14.pdf

E.R. Wagner designs, develops, and supplies quality casters and wheels, hinges and stampings, and tubular products to manufacturers and distributors worldwide. The company employs approximately 250 workers.


Domestic Casting Co. LLC was cited by OSHA for 26 alleged safety violations found at its Shippensburg, Pennsylvania foundry. The company faces $163,240 in proposed penalties for seven repeat, 16 serious, and three other-than-serious safety violations. OSHA initiated an inspection in August 2013 in response to a complaint.

"Compromising worker safety will not be tolerated. Domestic Casting continues to put its workers at risk of serious injury or possible death by not addressing and correcting these hazards," said Kevin Kilp, director of OSHA's Harrisburg Area Office. "Employers that fail to uphold their responsibility to protect workers and provide a safe and healthful workplace will be held accountable."

Carrying $90,860 in proposed penalties, the repeat violations included:
  • open-sided floors and platforms that were not guarded with standard railings and other safety features;
  • permanent, durable identification was not affixed to alloy steel slings;
  • pulleys were not properly guarded;
  • sprocket wheels and chains were not enclosed;
  • electrical hazards;
  • pull and junction boxes and fittings were not provided with approved covers.
The company was cited for similar violations in 2011 and 2013. A repeat violation exists when an employer previously has been cited for the same or a similar violation at any other facility in federal enforcement states within the last five years.

The serious violations, with a total $72,380 penalties proposd, included:
  • Workers exposed to struck-by, fall, amputation, electrical and tripping hazards;
  • Employees operating unrepaired cranes;
  • Lack of frequent and periodic inspections performed on cranes, and lacking certification records of inspections;
  • Platforms without standard railings and flights of stairs unequipped with at least one handrail;
  • Employees accessing different structure levels without fixed stairs and ladders;
  • Failing to ensure that loads transported by forklifts were secure;
  • Rated load not plainly marked on each side of a crane, and pendant control boxes not clearly marked with identification of functions;
  • No preventive maintenance program based on the crane manufacturer's recommendation;
  • Fixed ladders were not installed with appropriate clearance space in the path of travel.
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 other-than-serious violations, with no penalty, were due to stair rails without an immediate rail and damaged equipment parts. 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.


Nichiha USA Inc. has been cited by OSHA for four repeat and three serious safety violations following a September 2013 inspection at the company's manufacturing facility on Avondale Mill Road in Macon, Georgia. OSHA initiated the inspection in response to a complaint. The proposed penalties total $138,600.

"Nichiha is not taking the necessary steps to protect its workers by ensuring machinery is properly locked out and deenergized before employees perform maintenance and cleaning," said Bill Fulcher, director of OSHA's Atlanta-East Area Office.

The repeat violations, with $117,810 in penalties, include failing to:
  • provide workers with training to understand the purpose and function of the energy control program when performing servicing and maintenance on equipment;
  • use a group lockout procedure for each worker to prevent equipment startup;
  • include all confined spaces in its workplace evaluation;
  • utilize a specific written energy control procedure for an area where employees were required to clean debris.
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 company received citations for the same violations, with $20,790 in penalties, at this same facility in 2009.

This employer has been inspected six times by OSHA since 2009, receiving citations in five of the six inspections. The company has been put into OSHA's Severe Violator Enforcement Program, which focuses resources on inspecting employers who have demonstrated indifference to their legal obligations by committing willful, repeat or failure-to-abate violations.

The serious violations involved the employer:
  • failing to conduct annual inspections of the energy control procedures;
  • exposing workers to caught-in hazards by not locking out all of the energy sources on equipment;
  • not accounting for all workers before removing locks and energizing equipment that was undergoing maintenance and servicing.
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 can be viewed at:
http://www.osha.gov/ooc/citations/NichihaUSAInc_939748_0224_14.PDF

Nichiha USA Inc. manufactures fiber cement exterior claddings and employs approximately 192 workers at the facility in Macon.


Related Past Posts:
OSHA Significant Citations - Two Fines Total $900,000
OSHA Significant Citations
OSHA Significant Citations - Over $800,000

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