Part of an ongoing feud OSHA has added 23 health and safety violations with fines exceeding $750,000 to All-Feed Processing and Packaging.

Federal OSHA has cited All-Feed Processing & Packaging Inc., headquartered in Alpha, IL for 23 safety and health violations at its pet food production and packaging facility in Galva, including willful violations of OSHA’s air contaminant, respiratory protection and hearing conservation standards. Some violations were cited under OSHA’s “general duty” clause, including failing to provide appropriate fire and explosion protection in locations where concentrations of combustible dust existed. Proposed fines total $758,450.

This is yet the latest chapter of an ongoing conflict between All-Feed and OSHA where over the last four years OSHA has cited All-feed in excess of $2 million.  In this latest round OSHA issued nine per-instance willful citations for failing to mandate the use of respirators for six workers exposed to dust in excess of the permissible exposure limits; and failing to protect three dust collection units, which collect combustible dust such as starch, potato base, cellulose fiber and pea protein, from fire and explosion hazards.

Additionally, four single-instance willful citations were issued for requiring employees to work in areas where they were exposed to total dust in excess of permissible limits, together with failing to implement adequate engineering controls when employees were so exposed; failing to administer a continuing and effective hearing conservation program for employees exposed to excessive noise; failing to ensure the safe use, wiring and installation of equipment in hazardous locations; and allowing the use of liquid propane-powered industrial trucks in atmospheres where combustible dust may be ignited. Proposed fines for the 13 willful violations total $700,700.

Three repeat safety violations were cited for failing to ensure that operators of powered industrial trucks had completed training and were evaluated on their skills, have the load rating affixed to lifting devices and post danger signs to warn exposed employees of potential dangers posed by work spaces involving hazardous conditions. One repeat health violation was cited for failing to post safety instruction signs indicating the presence of combustible dust. 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. The company was cited for similar hazards in 2009. Proposed fines for the four repeat violations total $50,050.

One serious safety violation, with a proposed fine of $3,850, was cited for failing to have a written certification indicating that all hazards in the permit-required confined space had been eliminated.

All-Feed Processing & Packaging Inc also was cited for five other-than-serious violations, with proposed fines of $3,850, for failing to record work-related injuries and illness as required on the OSHA 300 log.

All-Feed Processing & Packaging Inc had been inspected by OSHA 10 times since 2000, resulting in citations and significant proposed penalties on five occasions. Those citations encompassed a total of 17 willful, 44 serious, five repeat and 10 other-than-serious violations, many of which related to failing to monitor and limit employees’ exposure to hazardous dust.

OSHA has even gone so far as naming All-Feed’s workers compensation carrier in their latest press release, and placed them in the Severe Violator Enforcement Program.

In August of this year a U.S. District Court Judge found All-feed in contempt of court for failing to allow OSHA to inspect it’s facility in Galva, IL and ordered All-Feed Processing & Packaging Inc., to allow OSHA to inspect its facilities during normal working conditions or face a daily fine of $500.

The most recent citations can be viewed at http://www.osha.gov/ooc/citations/AllFeed_314850454_1102_11.pdf and http://www.osha.gov/ooc/citations/AllFeed_314850421_1102_11.pdf.

Two Texas trailer manufacturers under same ownership hit hard by OSHA for noise hazards, toxic fumes and other violations; fines total nearly $950,000

The U.S. Occupational Safety and Health Administration has cited PJ Trailers Manufacturing Co. Inc. and Delco Trailers Co. Inc., a similar company owned by PJ Trailers, for seven willful, 26 serious, nine repeat and four other-than-serious violations. OSHA inspectors found workers exposed to unguarded machinery, fall hazards and accumulations of potentially hazardous dust, among other violations. Proposed penalties total $949,800.

“Employers have a responsibility to keep their workers safe and healthy. Willful and repeat citations, as well as significant penalties, reflect the fact that management knew workers were exposed to dangerous conditions yet failed to provide them with basic safety protections. That choice is unacceptable and needlessly placed these workers’ health and safety at risk,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

PJ Trailers Manufacturing and Delco Trailers are commonly owned, with the same president and management. They share a work site, a human resources division and a safety and health manager, and they have interrelated and integrated operations. PJ Trailers and Delco Trailers previously had been cited by OSHA for many of the same hazards that the agency found during its most recent inspection. Although the company had certified abatement of the prior hazardous conditions, many of the fixes were later abandoned to accommodate production. Since 2008, at least 15 workers have suffered eye injuries requiring medical treatment and or days away from work.

OSHA’s Dallas Area Office initiated a safety and health inspection at the company’s facility at 1807 Farm to Market 2352 in Sumner following receipt of a complaint that employees were not adequately protected from being injured by rotating machinery parts, and employees were exposed to toxic welding fumes while fabricating trailers and noise levels above approved health standards.

The willful violations involve failing to provide fall protection for employees working on stacked trailers, provide adequate machine guarding to prevent “caught-in” or “caught-between injuries,” provide employees with proper eye protection during cutting and welding operations, and establish and maintain an audiometric testing program. Audiometric testing is required when employees are exposed to high noise levels to determine if their hearing is being adversely affected. 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.

Repeat violations include failing to ensure that all spray booth areas were kept free from accumulated powder coating, guard several pieces of hazardous machinery, have all necessary lockout/tagout procedures, provide training on existing lockout/tagout procedures to protect employees from hazardous machinery starting up unexpectedly and ensure that medical evaluations were completed to determine employees’ ability to use respirators. 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. OSHA cited the company in September and October of 2006 and March 2010 for similar violations.

Serious violations include failing to provide required fall protection, provide training on electrical hazards and prevent exposure to welding fumes in excess of the average allowed during an 8-hour shift. 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.

Other-than-serious violations include failing to enter recordable injuries and illnesses on the OSHA 300 log within seven calendar days and properly certify the OSHA 300A form or its equivalent. 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 workers’ compensation carrier insuring PJ Trailers and Delco Trailers is Farmington Casualty Co.

The citations can be viewed at http://www.osha.gov/ooc/citations/PJTrailers314181926.pdf* http://www.osha.gov/ooc/citations/PJTrailers314181876.pdf*.

OSHA cites Northeastern Wisconsin Wood Products for 18 safety and health violations; fines total nearly $379,000

Company has history of noncompliance with worker protection standards

POUND, Wis. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Northeastern Wisconsin Wood Products in Pound for a total of 18 alleged health and safety, including 13 willful, violations. The company is facing $378,620 in proposed penalties following a January inspection.

“Northeastern Wisconsin Wood Products has a history of failing to comply with OSHA standards. The company has yet to abate many violations cited in a previous inspection,” said Michael Connors, OSHA’s regional administrator in Chicago. “When employers knowingly ignore safety and health requirements, they are unduly placing their workers at risk for illnesses and injuries, and that is unacceptable.”

Northeastern Wisconsin Wood Products was first inspected by OSHA in 2006 and issued eight citations. A follow-up inspection in 2007 found that most of the originally cited hazards remained unabated. Following the May 2010 issuance of a secretary of labor petition for summary enforcement, the company was given 30 days to work with a Wisconsin state consultation service to abate the violations. The consultation service is alleged to have ended the abatement process due to a lack of cooperation by the company. Many of the originally cited violations once again were cited during the January 2011 inspection.

Five willful health violations involve failing to implement a hearing conservation program for employees whose noise exposure exceeded 85 decibels; perform and certify a hazard assessment of the workplace; develop and implement a hazard communication program to include training for employees; maintain copies of material data sheets; and provide appropriate eye protection for workers. Additionally, the company allowed unsanitary conditions to pose serious fire and explosion hazards by letting sawdust accumulate in a pile of approximately 4 feet by the outer wall and several inches on horizontal surfaces such as pipes, wall supports and ledges.

Eight willful safety violations involve a lack of machine guarding on belts, pulleys, gears and band saw blades; a lack of guardrails; unguarded open-sided floors and platforms presenting a fall hazard greater than 4 feet; not using electrical equipment correctly; and not effectively closing openings in boxes and cabinets. 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. Proposed penalties for the 13 willful citations total $360,800.

The company also was cited for one repeat safety violation, with a proposed penalty of $7,920, for failing to provide potable water for drinking. 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.

Three serious safety violations, with proposed penalties of $9,900, include failing to periodically inspect energy control procedures, use group lockout devices and train employees in electrical safety. 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.

One other-than-serious violation, with no monetary penalty, was cited for failing to provide an illuminated exit sign. 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.

OSHA cites China Grove, Texas bakery for 49 violations following a finger amputation for exposing workers to combustible dust, electrical, fall, other hazards

Federal OSHA has cited Lone Star Bakery Inc. for 32 serious, one repeat and 16 other-than-serious violations following an amputation incident and multiple inspections at two of the company’s facilities in China Grove. Violations include exposing workers to combustible dust, fall and electrical hazards, among others. Proposed penalties total $229,400.

“This company has jeopardized the health and safety of its workers,” said Jeff Funke, OSHA’s area director in San Antonio. “Employees were exposed to many hazards, including excessive accumulations of combustible flour dust that could have ignited and caused serious injuries.”

OSHA’s San Antonio Area Office initiated a safety and health inspection on Oct. 18, 2010, at the company’s facility at 8100 E. U.S. Highway 87, following a finger tip amputation incident on the pie processing line. A second safety inspection began on Dec. 15, 2010, at the company’s facility at 6905 E. U.S. Highway 87 as the result of a fire that occurred from excessive buildup of bread materials in the ovens. A second health inspection was initiated Jan. 24 at the company’s 8100 Highway 87 facility following a report that employees were being exposed to excessive levels of noise and not being protected by a hearing conservation program.

The serious violations include failing to ensure that employees were protected from falls; to clean combustible dust from workroom floors and other surfaces; to cover drain openings; to ensure that exits were free from obstructions and unlocked; and to ensure electrical deficiencies were corrected.

The repeat violation is failing to ensure that a metal junction box was permanently mounted in accordance with the listing and labeling required by the manufacturer. 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. OSHA cited Lone Star Bakery for a similar violation following a 2006 inspection that resulted in total penalties of $78,300.

Other-than-serious violations include failing to record each work-related injury or illness case that met general recording criteria, and complete an incident report form for each work-related injury or illness case that met the general recording criteria for both locations from 2007 to 2010.

Lone Star Bakery, a private commercial bakery that employs about 500 workers at the two China Grove facilities.

Volvo Aero Connecticut has been cited by OSHA for 17 alleged serious violations of workplace safety standards at its Newington manufacturing plant. The airplane engine parts manufacturer faces a total of $83,400 in proposed fines for a cross section of hazards identified during a comprehensive OSHA inspection.

“Our inspection found employees exposed to a range of hazards that could result in potentially serious or fatal injuries if not promptly and effectively corrected,” said Paul Mangiafico, OSHA’s area director in Hartford. “Workers at this plant face the risks of falls, fires, explosions, electrocution, struck-by injuries, chemical exposure and being caught in unguarded operating machinery. For the safety and health of its workers, the company must address these issues so that they do not occur again.”

Specific violations cited by OSHA included workers being hoisted on the load hook of an overhead crane; an improperly designed combustible dust collection system; a lack of personal protective equipment; uncovered containers of flammable liquids; improper disposal of combustible rags; failure to conduct air monitoring to determine employees’ exposure to hexavalent chromium; unguarded milling machines, belts, pulleys and grinders; and failure to re-evaluate workers’ ability to safely operate fork trucks and provide operators with refresher training.

In addition, the company was cited for several electrical safety violations. These included electrical equipment unapproved for a Class II (combustible dust) location, flexible cords used in lieu of permanent wiring, defective electrical equipment, a lack of an electrical safety-related work practices program and failure to provide such training to maintenance employees.

US Labor Department’s OSHA fines Rochester, NY, pizza shell manufacturer more than $195,000 for failing to correct workplace hazards

Bona Via Inc., a Rochester, N.Y., manufacturer of pizza shells, has been cited by OSHA for failing to correct safety hazards identified during a prior inspection and for newly identified hazards at its 10 White St. plant. The company faces a total of $195,200 in proposed fines.

“The sizable fines proposed here reflect the fact that this employer was given ample opportunity to correct several hazardous conditions that can have a negative impact on the safety and well-being of its workers, yet failed to do so,” said Arthur Dube, OSHA’s area director in Buffalo.

Following an inspection in late 2009, OSHA cited and fined the company $12,000 for a variety of hazards. The company agreed to correct those hazards. However, an OSHA follow-up inspection opened in August 2010 found that several of the hazards remained uncorrected. These included failing to install and maintain electrical equipment that was safe for a hazardous location, not replacing pressure relief devices on the oil separator for an ammonia refrigeration compressor, failing to develop a written emergency action program, not ensuring the flour silo area was clean of flour dust to avoid creating a dust explosion hazard and not evaluating employees to ensure they were qualified to safely operate powered industrial trucks. The conditions resulted in the issuance of five failure-to-abate notices with $188,000 in proposed fines. A failure-to-abate notice is issued, and additional fines proposed, when an employer fails to correct previously cited hazards.

During the latest inspection, OSHA also identified several new conditions that resulted in the issuance of three serious citations with $7,200 in fines. These included failing to implement proper procedures to lock out machines’ power sources prior to performing maintenance, an uncovered electrical junction box and a lack of fire extinguisher training. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

“One means of eliminating recurring hazards such as these is for employers to establish an injury and illness prevention program in which workers and management jointly work to identify and eliminate hazardous conditions on a continual basis,” said Robert Kulick, OSHA’s regional administrator in New York.

OSHA has cited Cooper Tire & Rubber Company for combustible dust, flammable liquids, and fall hazards.

OSHA hit the Ohio manufacturer of automotive and truck tires with 10 alleged safety and health violations for failing to provide proper hazardous chemical protection to its workers, unnecessarily exposing them to fire and explosion hazards, and failing to provide fall protection from distances of more than 9 feet. Proposed penalties total $213,500.

“The lack of employee protection from fire, explosions and hazardous chemicals is completely unacceptable,” said Jule Hovi, OSHA’s area director in Toledo, Ohio. “OSHA is committed to ensuring workers have a safe and healthful workplace, and failing to follow proper safety and health procedures puts workers at unnecessary risk.”

Cooper Tire has been cited with two alleged willful violations for failing to protect workers from fire and explosion hazards by not providing fire suppression controls on processing equipment that contains explosive combustible dust, and failing to limit the accumulation of combustible dust on equipment and the building superstructure. The violations carry proposed fines of $140,000. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirements, or plain indifference to employee safety and health.

The company also has been cited with six serious violations, with proposed fines of $38,500, for failing to assure flammable liquids were safety dispensed; ensure proper electrical tools were used in areas where flammable vapors and liquids were present; provide proper eye and face protection to workers handling flammable liquids; protect workers from electrical shock hazards; and train workers on combustible dust hazards. A serious citation is issued 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 also has issued two repeat violations, with a proposed penalty of $35,000, for failing to provide workers with chemical protective equipment when exposed to contact with flammable liquids and to provide required fall protection. A repeat violation is issued 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.

SUPERIOR, Mont. - The U.S. Department of Labor’s Occupational Safety and Health Administration has cited two separate wood product companies in Superior for exposing workers to a variety of safety and health hazards. Eureka Pellet Mill’s proposed fines total $58,500, and Mountain West Products LLC’s proposed fines total $42,500.

“The workers were not protected from a potential dust explosion hazard that can happen when dust accumulates and safety regulations are ignored,” said Greg Baxter, OSHA’s regional administrator in Denver, Colo. “It is imperative that employers take the necessary steps to eliminate these types of hazards from the workplace.”

OSHA cited the Eureka Pellet Mill with 21 alleged serious safety citations including failing to ensure that moving parts on equipment were adequately guarded, exposing workers to fall hazards, improper electrical wiring, poor housekeeping and blocked emergency doors. Health citations are for exposing workers to combustible dust, failing to implement a respiratory protection program and failing to clean airborne contaminants in a way that doesn’t release them into the atmosphere to create an explosive hazard. A serious citation is issued 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.

Mountain West Products LLC was cited for two alleged repeat violations including exposing workers to a fall hazard and failing to ensure that moving parts on equipment were adequately guarded. A repeat violation is issued when an employer has been previously cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in a federal enforcement state within the last five years.

DELAWARE CITY, Del. – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Formosa Plastics Corp. for 27 alleged serious workplace safety and health violations, including exposing workers to combustible dust hazards. Proposed penalties total $133,500.

OSHA initiated an investigation on Oct. 1, 2009, in response to an employee complaint.

The violations include the company’s failure to properly contain polyvinyl chloride dust particles, evaluate contractors’ safety programs and procedures, properly inspect process equipment, provide fire retardant clothing for employees, require employees to wear adequate eye protection with side shields, provide proper training and provide employees with an infirmary, clinic or person trained in first aid. Additionally, inspectors identified hazards involving a lack of machine guarding, a deficient process safety management program, inadequate lockout/tagout procedures for energy sources and unguarded machinery, floor holes and walkways. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result and the employer knew, or should have known, of the hazard.

“These violations are an indication that the employer needs to make improvements in its safety and health program,” said Domenick Salvatore, director of OSHA’s Wilmington, Del., office. “It is imperative that the company eliminate the combustible dust hazards, along with the other violations cited, to protect employees at this facility.”

Formosa Plastics Corp. of Delaware City produces plastic resins and petrochemicals and employs 98 workers.

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 proposed penalties before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA’s Wilmington Area Office; telephone: 302-573-6518. To report workplace accidents, fatalities or situations posing imminent danger to workers, call OSHA’s toll-free hotline at 800-321-6742.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, outreach, education and assistance. For more information, visit http://www.osha.gov.

OSHA has cited Endres Processing LLC of Kansas City for alleged violations of the Occupational Safety and Health Act following an inspection alleging fire and explosion hazards from combustible dust. Proposed penalties total $137,250.

“There is no excuse for the lack of attention to accumulation of combustible dusts in any mill or grain elevator, especially given our nation’s history of such horrific combustible dust explosions resulting in a high number of employee fatalities,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Mo. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all their employees to prevent accidents from occurring.”

OSHA’s inspection of the Endres facility resulted in three alleged willful and four alleged serious violations. The willful violations address the inappropriate location of an air material separator that lacked explosion venting; an inadequate housekeeping program; and allowing combustible dusts to collect at depths greater than one-eighth of an inch. OSHA issues a willful violation when an employer exhibits plain indifference to, or intentional disregard for, employee safety and health.

The serious violations stem from the company’s failure to have an adequate number of exit routes; the lack of a written emergency action plan; an improperly rated powered industrial truck being operated in a hazardous atmosphere; and preventative maintenance records not being maintained. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

The company is engaged in recycling inedible food products by milling them into feed for pigs and chickens.

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