$318,000 in Proposed Fines

Jennie-O Turkey Store Inc. was cited by OSHA for 11 safety violations after a worker’s arm was amputated below the shoulder while the individual was conducting cleaning activities in a confined space. Jennie-O Turkey Store, based in Willmar, MN is a division of Austin, MN headquartered Hormel Foods Corp.

“Jennie-O Turkey Store has a legal responsibility to follow established permit-required confined space regulations to ensure that its employees are properly protected from known workplace hazards,” said Mark Hysell, director of OSHA’s Eau Claire Area Office. “Failing to ensure protection through appropriate training and adherence to OSHA regulations led to a worker losing an arm.”

OSHA initiated an inspection after the July 20, 2011, incident, in which the employee’s arm allegedly became caught in an energized turkey shackle line while the employee was working alone in a confined space. Afterward, the employee had to walk down a flight of 25 stairs and 200 feet across the production floor to get the attention of a co-worker for assistance.

Four willful violations involve not following OSHA’s permit-required confined space regulations in the carbon dioxide tunnel room, including failing to ensure that workers isolated the carbon dioxide gas supply line and locked out power to the shackle line prior to entering the room to conduct cleaning activities, verify that electro-mechanical and atmospheric hazards within the room were eliminated prior to workers entering the space, test atmospheric conditions prior to allowing entry and provide an attendant during entries to the room. 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.

Seven serious violations involve failing to provide fall protection, provide rescue and emergency services equipment, develop procedures to summon rescue and emergency services, provide confined space entry procedures, prepare entry permits for the confined space, train employees and supervisors in entry permit procedures, and ensure that the entry supervisor performed required duties. 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.

In many instances, employees who work in confined spaces face risk of exposure to serious physical injury from hazards such as entrapment, engulfment and hazardous atmospheric conditions. Confinement may also pose entrapment hazards and require employees to work in closer proximity to hazardous machinery components than they would otherwise. Additional information on confined space hazards is available online at http://www.osha.gov/SLTC/confinedspaces/index.html.

Based on the violations cited during this latest inspection, OSHA has proposed $318,000 in fines. Jennie–O Turkey Store operates turkey growing and processing facilities in Minnesota and Wisconsin as well as national and international distribution systems. The company employs 1,200 workers at the Barron facility and 5,000 corporatewide. Prior to this inspection, OSHA had inspected the Barron facility four times since 2004, resulting in citations for 12 violations.

The citations can be viewed at http://www.osha.gov/ooc/citations/JennieOTurkeyStoreIncCitationInspection92562.pdf*.

Workers Exposed to Excessive Noise, Lack of Machine Guarding, and Other Hazards

OSHA cited American Marazzi Tile Inc. with 25 safety and health violations for exposing workers to excessive noise levels, machine guarding hazards, and other dangerous conditions at its facility in Sunnyvale, TX. Proposed penalties total $318,000.

OSHA’s Dallas Area Office initiated an investigation on July 13 at the company’s Clay Road facility as part of the agency’s Site-Specific Targeting Program, which directs enforcement resources to workplaces with higher-than-average injury and illness rates.

“This company knowingly failed to implement necessary safety and health programs to protect employees from coming into contact with moving parts of machinery and prevent hearing loss,” said John Hermanson, OSHA’s regional administrator in Dallas. “It’s the employer’s responsibility to know the hazards and safeguard workers from these hazards in order to provide a working environment free of injuries and illnesses.”

Three willful violations involve failing to establish and maintain a hearing conservation program for workers exposed to noise levels exceeding 85 decibels; provide the required machine guards for exposed belts, pulleys, chains and sprockets; and establish a lockout/tagout program for energy sources to protect workers from the unexpected start up of machinery. 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.

Twenty-one serious violations involve failing to provide personal protective equipment, provide confined space training, provide machine guarding to prevent workers from coming into contact with rotating parts, develop energy control procedures for machines with more than one energy source, provide fire extinguisher training, properly store oxygen and acetylene cylinders, develop a bloodborne pathogens program, and train employees on hazardous chemicals used in the facility. 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 is for failing to post a copy of the hearing conservation standard in the workplace. 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.

American Marazzi Tile employs about 254 workers who produce ceramic wall and floor tile products at the Sunnyvale location. OSHA has placed the company in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, visit http://s.dol.gov/J3.

The citations can be viewed at:

http://www.osha.gov/ooc/citations/AmericanMarazziTile_314183450_0112_12.pdf*

http://www.osha.gov/ooc/citations/AmericanMarazziTile_314183492_0112_12.pdf*.

Piping Technology and Products Misled OSHA about Amputation Hazard

Following a complaint from an employee, OSHA cited Piping Technology and Products Inc. for 13 willful and 17 serious violations for exposing workers to the risk of amputations and other serious injuries from dangerous machinery, as well as other hazards, at the company’s Houston facility. Proposed penalties total $1,013,000.

“Repeatedly ignoring the law while risking workers’ lives and providing misleading information to federal investigators will not be tolerated,” said Secretary of Labor Hilda L. Solis. “Employers who endanger the lives and limbs of their employees must be held accountable.”

A worker at Piping Technology contacted OSHA earlier this year, alleging a lack of brakes on overhead cranes and unguarded presses at the company’s facility on Holmes Road. This complaint triggered an investigation by OSHA’s Houston South Area Office. In addition to substantiating the complaint items, the inspection found that employees were permitted to cut metal I-beams and pipes without the proper machine guarding, which exposed them to possible severe injuries. Additionally, OSHA inspectors found that during machine maintenance, workers were exposed to the unexpected release of stored energy because of improper safeguards.

“Piping Technology deliberately exposed its workers who operate band saws and other dangerous machinery to amputation hazards while misleading OSHA investigators about the use of these machines,” said Assistant Secretary of Labor for OSHA Dr. David Michaels.

The willful violations involve the failure to guard seven band saws and to lock out all of the sources of hazardous energy to six pieces of equipment before service and maintenance. Each of the 13 citations carries a penalty of $70,000, for a total of $910,000. 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 17 serious violations, with penalties totaling $103,000, involve the failure to guard other machines and grinders properly, ensure that openings on electrical equipment were securely closed, provide fall protection training and ensure that employees wore hard hats when exposed to overhead hazards. 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.

Piping Technology had knowledge of OSHA requirements due to citations issued in 1986, 1994, 2004 and 2005 that specifically addressed the need to guard the band saws used in production processes. In 2004 and 2005, OSHA cited the company with penalties totaling $82,500 and $33,000, respectively, for a variety of workplace hazards that included lockout/tagout violations.

OSHA has placed Piping Technology in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, visit http://s.dol.gov/J3.

The citations can be viewed at http://www.osha.gov/ooc/citations/Piping-tech-prod-312928344-1228-11.pdf*.

37 Violations Received after Fatality

OSHA cited Resource Management Cos. at its Earth City, MO recycling facility for 37 safety and health violations. An inspection was opened after a worker died from injuries sustained on June 12 when he entered a baling machine to clear a jam and it became energized.  Proposed fines total $195,930.

“Resource Management Cos. has a responsibility to ensure that its workers are protected from hazardous working conditions, especially ones related to dangerous equipment such as baling machines,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, Mo. “Employers are required by law to ensure that work environments are safe and healthful. OSHA is committed to protecting workers on the job, especially when employers fail to do so.”

Twenty-two serious safety violations have been cited, including failing to lock out and tag out the energy sources of equipment and install adequate machine guarding. They also involve hazards related to fall protection, exits, flammable liquids, fire extinguishers, powered industrial trucks, and welding and electrical equipment. Additionally, eight serious health violations involve inadequate housekeeping, excessive noise, improper personal protective equipment, permit required space program, and blood borne pathogens hazards. 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 repeat safety violation has been cited relating to defective powered industrial trucks that were not taken out of service. 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 in April 2010 for a similar violation.

Six other-than-serious safety and health violations have been cited, involving egress, fire extinguisher, personal protective equipment and hazard communications deficiencies. 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/ResourceMgt_315652776_1206_11.pdf*
http://www.osha.gov/ooc/citations/ResourceMgt_315464289_1206_11.pdf*

Three Workers Severely Injured over Five Months

OSHA cited Boomerang Tube LLC for six willful, nine serious, and one other-than-serious violation at the company’s facility in Liberty, TX where three employees were seriously injured within a period of five months. Proposed penalties total $468,000.

“This employer jeopardized the safety of its employees by failing to follow OSHA’s safety standards for energy control procedures and machine guarding,” said John Hermanson, OSHA’s regional administrator in Dallas. “It is very unfortunate that these workers were so seriously injured when the causes should have been prevented.”

OSHA’s Houston North Area Office began an investigation June 14 in response to a complaint from one of the injured employees that workers faced unsafe conditions while operating cranes and slitter, rolling and thread machines; performing service and maintenance work; and stacking and loading pipes in the yard and on trucks at the company’s work site on Farm to Market 3361. In April, an employee was injured from becoming caught in an operating machine and in May, a second employee was struck by a piece of steel and knocked into a 5-foot-10-inch concrete pit. In September, another employee was injured from becoming caught in machinery. All three had to be flown to a local hospital due to the severity of their injuries.

The willful violations were cited for failing to repair a damaged under-hung crane, which lifts and lowers materials; ensure the use of lockout/tagout procedures to control the energy sources of equipment; and provide the required machine guarding on the pipe manufacturing line. 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 violations include failing to repair defective hook latches on operating cranes; ensure the facility was clear of trip and fall hazards, such as providing a cover for an open pit; and failing to ensure that loads did not exceed the rated capacity of industrial trucks. 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 violation was for failing to maintain required records of injuries and illnesses. 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.

Boomerang Tube employs approximately 460 workers and specializes in tube manufacturing. The citations can be viewed at:
http://www.osha.gov/ooc/citations/boomerangtube_315610279_1214_11.pdf*.

35 Serious Safety and Health Violations Discovered

Remington Arms Co. Inc. was cited by OSHA for 35 alleged serious violations of workplace safety and health standards at its Ilion, NY manufacturing plant. The firearms manufacturer faces a total of $170,000 in proposed penalties for a variety of mechanical, electrical, and chemical hazards identified during inspections by OSHA’s Syracuse Area Office.

“Left uncorrected, these conditions expose the plant’s workers to electrocution, falls, burns, lacerations, amputation, crushing and “struck-by” injuries, as well as exposure to hazardous substances and being caught in operating or unintentionally energized machinery,” said Christopher Adams, OSHA’s area director for central New York. “For the safety and health of these workers, this employer must ensure that these hazards are corrected and take effective steps to prevent their recurrence.

“Specifically, OSHA found violations involving a lack of personal protective equipment; accumulations of toxic substances lead and cadmium on surfaces in the plant; food and beverages stored and consumed at cadmium-contaminated work stations; failing to provide workers with training and information on lead and cadmium; and not determining cadmium exposure levels. The inspection also identified numerous electrical hazards and instances of unguarded moving machine parts; improper storage and transfer of flammable liquids; a lack of procedures to lock out machines’ power sources to prevent their unintended startup during maintenance; unguarded openings and defective ladders; defective powered industrial trucks and untrained drivers; inadequate fire extinguisher training and availability; unlabeled permit-required confined spaces; no continuous, effective extermination program for vermin; unlabeled containers of hazardous chemicals; and several exit deficiencies including a locked exit door, obstructed exit routes, umarked exits, and non-functioning emergency and exit lighting. 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.

“An effective illness and injury prevention program in which employers and employees work together to identify and eliminate hazards is one way of preventing initial and recurring workplace hazards such as these,” said Robert Kulick, OSHA’s regional director in New York.

The citations can be viewed at

http://www.osha.gov/ooc/citations/RemingtonArms_314352477_1104_11.pdf
and http://www.osha.gov/ooc/citations/RemingtonArms_314352329_1104_11.pdf

OSHA Cites Dallas Facility for Exposing Workers to Noise & Energized Machine Hazards

Anaheim, CA based Bridgford Foods Corp. was cited for 27 safety and health violations at its food manufacturing facility in Dallas, with proposed penalties totaling $422,600. The violations include, among others, failing to establish and maintain a hearing conservation program for workers exposed to noise hazards beyond the permissible exposure limit, and failing to establish a lockout/tagout program for energy sources to protect workers from machines starting up unexpectedly.

“Bridgford Foods has a history of failing to implement necessary safety and health programs to prevent the unexpected start-up of machines and prevent hearing loss,” said OSHA Regional Administrator John Hermanson in Dallas. “Under the law, it is the employer’s responsibility to provide a safe and healthy workplace.”

OSHA’s investigation of the facility on South Good Latimer Expressway found 20 serious violations carrying $129,000 in penalties. They include failing to provide guardrails on mixers, ovens and ice machines; provide machine guarding to prevent workers from coming into contact with rotating parts; develop energy control procedures for machinery with more than one energy source; and ensure that employees were trained on the use 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.

Six repeat violations, with penalties of $292,500, include failing to provide training on the hazards of electrical equipment, ensure that workers operating powered industrial trucks are evaluated at least every three years, establish and maintain an audiometric testing program, and train employees on hearing protection who are exposed to noise levels at or above an 8-hour time-weighted average of 85 decibels. 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 for similar violations in February 2008 with penalties of $8,000, in September 2008 with penalties of $33,900, and again in January 2010 with penalties of $106,000.

One other-than-serious violation, with a penalty of $1,100, was cited for failing to post a copy of the hearing conservation standard in the workplace. 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 has placed Bridgford in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Initiated in June 2010, the program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. For more information on SVEP, click here.

View the citations here and here.

BURLINGTON, WI – OSHA filed a settlement agreement with the Occupational Safety and Health Review Commission between the agency and Cooperative Plus Inc., after the farmer-owned Wisconsin cooperative agreed to pay $550,000 in penalties, increase employee grain bin safety training and abate all safety issues at its grain handling facilities in Whitewater, Burlington, East Troy, and Genoa City.

“At least 26 workers were killed in grain entrapments nationwide last year, the highest number of any year since researchers started collecting data in 1978, but there are well-known safety practices that can be implemented to prevent these tragedies,” said Mike Connors, OSHA’s regional administrator in Chicago. “We are pleased to reach this agreement. The procedures and training that Cooperative Plus agreed to implement will ensure that these often deadly entrapments will not happen again.”

As part of the settlement agreement, Cooperative Plus will provide site-specific training for all employees exposed to potential hazards identified by OSHA’s grain handling, permit-required confined space, and lockout standards. The cooperative also will schedule confined space and bin entry rescue drills semiannually and provide 10 hours of training to newly hired and current employees whose duties expose them to potential hazards addressed by these standards.

Additionally, the cooperative will develop and implement a program to manage the risk of grain handling that includes safe methods to inspect grain and dislodge clumps of grain to empty the bin; develop lockout/tagout procedures for augers, conveyors and other equipment prior to bin entry; and develop engineering controls to abate hazards posed by bridged and castled grain. The company will audit work to ensure that all employees are properly trained in program rules and OSHA safety standards.

Finally, the company agreed to retain at least one independent safety consultant and to comply with OSHA follow-up inspections over a two-year period.OSHA cited Cooperative Plus Inc. for a total of 14 willful, 23 serious and two other-than-serious safety violations in August 2010 for lacking proper equipment and procedures, thereby exposing workers to the risk of being engulfed and suffocated in grain storage bins.

Since 2009, OSHA has fined grain operators in Wisconsin, Illinois, Colorado, South Dakota, Ohio, and Nebraska following preventable fatalities and injuries. In addition to enforcement actions and training, OSHA Assistant Secretary Dr. David Michaels sent a notification letter in August 2010 to grain elevator operators warning them not to allow workers to enter grain storage facilities without proper equipment. View a copy of the letter here.

Burlington-headquartered Cooperative Plus has locations throughout southeastern Wisconsin, including in Clinton, East Troy, Elkhorn, Genoa City, Union Grove, and Whitewater. The company has a combined member-ownership of more than 10,000 and annual sales of more than $50 million.

CORPUS CHRISTI, Texas – OSHA cited Corpus Christi Grain Co. in Corpus Christi for six willful and 20 serious violations with total proposed penalties of $258,900. OSHA’s Corpus Christi Area Office initiated its inspection at the company’s facility on Talbert Lane after it was reported that a worker was engulfed while emptying grain from a storage bin. The employee was rescued due to the exceptional efforts of the Corpus Christi Fire Department.

“Employees working in grain storage buildings are exposed to dangerous conditions, and proper safety measures must be taken,” said Michael Rivera, director of OSHA’s Corpus Christi office. “If OSHA’s standards were followed, it is possible this unfortunate incident could have been avoided.”

The willful violations include failing to provide personal protective equipment, such as a body harness and life line, for employees working with stored grain; perform lockout/tagout procedures for the energy sources of equipment, such as augers and conveyors, while workers are inside the grain bins; and have a competent attendant present with rescue equipment when workers enter grain storage bins. A willful violation is one committed with plain indifference to or intentional disregard for OSHA’s requirements or employee safety and health.

The serious violations include failing to ensure that employees are trained on the hazards associated with grain handling, cover openings with grates in grain bins, ensure that workroom floors are clear of combustible dust, and provide a preventive maintenance schedule for machinery. 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.

In addition to the agency’s enforcement actions to promote grain bin safety, OSHA Assistant Secretary Dr. David Michaels sent a notification letter in August 2010 and another in February 2011 to a total of more than 13,000 grain elevator operators warning them of proper safety precautions. These include prohibiting entry in grain storage facilities while grain is being emptied out or flowing in or out of the bin, prohibiting employees from “walking down the grain” and ensuring that employees enter the bin with the proper safety equipment.

Corpus Christi Grain, which employs about 25 workers, has 15 business days from receipt of citations to comply, request an informal conference with OSHA’s area director in Corpus Christi, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

View the citations here.

OSHA cites Marietta Industrial Enterprises in Marietta, Ohio for $186,000 after worker’s death at recycling facility.

The Occupational Safety and Health Administration has cited Marietta Industrial Enterprises Inc., which operates Refuse Recycling in Marietta Ohio for 21 safety, including two willful, violations. OSHA opened an inspection after a worker was found dead inside the rotating drum assembly of a machine used to screen recyclables from other refuse on March 30.

“Marietta Industrial Enterprises showed an intentional disregard for employee safety by failing to provide lockout/tagout training to workers performing maintenance inside rotating drums, which could easily be restarted if their energy sources were not properly cut off,” said Deborah Zubaty, OSHA’s area director in Columbus. “No one should ever lose his or her life because safety procedures were not followed. It is the employer’s responsibility to train workers and ensure that the workplace is free from unnecessary hazards.”

Two willful violations involve failing to implement lockout/tagout procedures to prevent equipment from becoming unexpectedly energized and to train workers in lockout/tagout procedures. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement or plain indifference to employee safety and health.

Additionally, 14 serious violations involve failing to provide machine guarding, provide adequate guardrails, mark and illuminate emergency and exit signs, evaluate the workplace to determine if there were any confined spaces that would require permits, examine powered industrial trucks prior to each shift, ensure that employees used electrical protective equipment, provide electrically insulated tools, develop an exposure control plan for bloodborne pathogens, offer hepatitis B vaccines and label biohazard containers. 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.

Finally, five other-than-serious violations involve using work areas for storage, as well as failing to record work-related injuries, maintain clean conditions, provide a written respiratory protection program and provide employees with information for voluntary respirator use. 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 injury.

As a result of the investigation, Marietta Industrial Enterprises has been placed in OSHA’s Severe Violator Enforcement Program. Initiated in June 2010, SVEP is intended to focus on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations in one or more of the following circumstances: a fatality or catastrophe, industry operations or processes that expose workers to severe occupational hazards, employee exposure to hazards related to the potential releases of highly hazardous chemicals and all per-instance citation (egregious) enforcement actions. For more information on SVEP, visit http://www.osha.gov/dep/svep-directive.pdf*.

Proposed penalties total $186,300. The citations can be viewed at: http://www.osha.gov/ooc/citations/MARIETTA_INDUSTRIAL_ENTERPRISES_314593690_0922_11.pdf