OSHA and the Wage and Hour Division together have fined Tempel Grain Elevators LLP of Wiley, Colo., more than $1.6 million following the May 29 death of a teenage worker at the company’s Haswell, Colo., grain storage operation. The youth suffocated after being engulfed by grain in one of the facility bins. The company also exposed three other teenage workers to the cited hazards.

“Tempel Grain ignored long-established standards addressing safety in grain handling facilities. It was well aware of the hazards and knowingly put its young workers in harm’s way,” said Secretary of Labor Hilda L. Solis. “From safety to wage and hour issues, the company created a hazardous and illegal working environment for its workers. This situation must be addressed swiftly and completely.”

Following its investigation, OSHA proposed $1,592,500 in fines for 22 alleged willful and 13 alleged serious citations. The willful citations include not providing an emergency action plan prior to entering grain bins, failing to train workers in safe bin entry, a lack of grain engulfment protection, failure to shut off and lock out equipment while employees were working inside bins, a lack of rescue equipment, and allowing hazardous accumulations of grain dust that could contribute to fire and explosion. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or with plain indifference to employee safety and health.

The serious citations include unguarded conveyors, fall hazards, a lack of first aid supplies and trained medical personnel, incomplete fire extinguisher inspections, using extension cords in place of permanent wiring and failing to inspect electrical equipment. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists. The company has 15 business days from receipt of all OSHA citations to comply, request an informal conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission.

The Wage and Hour Division conducted a separate investigation that disclosed 77 child labor violations involving 15 minor employees. These include employing underage workers, allowing teenage employees to work hours prohibited by the Fair Labor Standards Act (FLSA), and allowing them to work in jobs prohibited by the act’s occupation standards as well as by the department’s hazardous occupations orders. These violations carry fines totaling $64,487. The investigation also found 59 workers due a total of $56,285 in back wages for minimum wage and overtime violations of the FLSA.

Violations include employment of a 13-year-old, and having 14- and 15-year-olds work prohibited hours and in prohibited occupations in connection with transportation, storage and warehousing of the grain and power-driven equipment. Employees ranging from 14 to 17 years of age were operating prohibited hazardous equipment, including hoisting apparatus such as skid loaders, front end loaders and forklifts, and riding elevator man lifts. Minors engaged in prohibited activities such as motor vehicle driving and working on or around the roofs of elevators.

The FLSA’s youth employment provisions identify 17 hazardous orders that prohibit specific activities for workers under 18, as well as hours restrictions. The law further states that 14 is the minimum age for employment. Employees 14 and 15 years of age may work only in non-manufacturing and non-mining occupations specifically permitted by the secretary of labor. For more information on youth employment laws, visit http://www.youthrules.dol.gov or call the Wage and Hour Division’s toll-free helpline at 866-4US-WAGE (487-9243).

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Teen Summer Job Safety

Each year thousands of teens enter the workforce. These teens are the workforce of America’s future. They can be an asset to your workplace, eager to learn, and very enthusiastic. However, they can also present some challenges when it comes to safety on the job. According to the National Institute for Occupational Safety and Health (NIOSH), there were:

ESA News Release: [05/05/2009]
Contact Name: Dolline Hatchett
Phone Number: (202) 693-4651
Release Number: 09-0357-ATL

U.S. Labor Department assesses Atlanta-based Demon Demo Inc. maximum child labor penalty following death of teen at demolition site

Penalty is 1st by Wage and Hour Division under Genetic Information Nondiscrimination Act

ATLANTA — The U.S. Department of Labor’s Wage and Hour Division has fined Demon Demo Inc. a child labor civil money penalty following an investigation into the death of a teenage worker at the company’s Gwinnett Place mall demolition site from a second floor fall.

This penalty is the first assessed by the division under the Genetic Information Nondiscrimination Act of 2008. That statute increased the maximum level of civil money penalties to $50,000 for each child labor violation that results in the work-related death or serious injury of a minor. In cases where the employer’s violation is repeated or willful, the maximum penalty is $100,000. In addition to the $50,000 penalty, child labor fines totaling $3,162 were assessed because the company failed to keep accurate records and allowed the minor to work in an occupation deemed hazardous by the secretary of labor.

“The federal rules governing the employment of minors are clear, and the consequences for failing to comply are serious,” said Secretary of Labor Hilda L. Solis. “Young workers must be employed safely and legally.”

A listing of hazardous occupations for minors is available on the Wage and Hour Division’s Web site at http://www.dol.gov/dol/topic/youthlabor/hazardousjobs.htm. Certain industries allow individuals under age 18 to perform certain tasks at worksites where primary work activity is dangerous, but these tasks are very specific, and state and federal government closely monitor compliance.

The company has 15 days from receipt of the civil money penalty assessment letter to file an exception with the Labor Department if it wishes to contest the $53,162 civil money penalty assessment. Civil money penalty appeals are heard by a Department of Labor administrative law judge.

The Wage and Hour Division also cited the company for failing to pay 126 workers overtime compensation as required by the Fair Labor Standards Act (FLSA). The company will pay $108,869 in back wages as a result of the wage violations.

GINA Imposes Penalties Due to Youth Work-Related Death and Serious Injury

The Genetic Information Nondiscrimination Act (GINA) was signed by President Bush on May 21, 2008 and became law.  The main focus of the legislation prohibits discrimination based on genetic information, but many people do not realize there was a “Miscellaneous Provision” attached to the end of the law that defines new penalties for child labor violations for youth who die or are injured on the job.

Section 302 of Title III of GINA amended the Fair Labor Standards Act (FLSA) so that employers may be penalized up to $50,000 for the death or serious injury of any employee under 18 years old with the fine doubled for repeated or willful violations.   So, on top of penalties under state workers’ compensation laws and federal and state OSHA acts, employers need to be aware of the new GINA provisions.

GINA also defines “Serious Injury”, which is the first time that a definition for this term has been included in the FLSA:

·         Permanent loss or substantial impairment of one of the senses (sight, hearing, taste, smell, tactile sensation);

·         Permanent loss or substantial impairment of the function of a bodily member, organ, or mental faculty, including the loss of all or part of an arm, leg, foot, hand, or other body part; or

·         Permanent paralysis or substantial impairment that causes loss of movement or mobility of an arm, leg, foot, hand, or other body part.

Employers who hire youth always should offer additional safety training to these employees as many of them have not worked before or have had little job experience.  If more precautions are taken during young workers’ first days on the job, injuries to these workers will be fewer and the employer’s exposure to costly penalties will be lowered.

Secretary of Labor Elaine Chao issued the following statement after the law was signed:  “We are pleased that the Congress has enacted the administration’s proposal to strengthen the nation’s child labor laws and to provide today’s teenagers with safe employment opportunities.”  The Department of Labor enforces the child labor provisions of the FLSA.

Click here to read the full text of GINA. Select “Text of Legislation”; then select version #6: “Enrolled as Agreed to or Passed by Both House and Senate

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