$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*.

More than $146,000 in Proposed Penalties

OSHA cited American Felt & Filter Co. for 35 alleged violations of workplace safety and health standards at its New Windsor plant. The company, which manufactures woolen felt for a variety of products, faces a total of $146,300 in proposed fines following an inspection by OSHA’s Albany Area Office.

“Our inspections identified numerous safety and health hazards, including several similar to those cited during earlier OSHA inspections of this facility,” said Arthur Dube, the agency’s acting area director in Albany.” Left uncorrected, these hazards expose employees to possible electrocution, crushing and struck-by injuries, being caught in moving machine parts, hearing loss, falls, eye and hand injuries, asbestos and lead.”

In addition to identifying machine guarding and electrical hazards, OSHA found that the plant failed to inspect cranes and lifting devices; remove an unsafe powered industrial truck from service; properly stack materials; monitor noise levels, and test and train employees exposed to excessive noise levels; provide first-aid supplies, eye and hand protection, and an emergency eyewash; ensure appropriate respiratory protection and other safeguards for employees exposed to lead; perform asbestos exposure monitoring; identify and label asbestos-containing materials; and provide training for employees on asbestos hazards. These conditions resulted in citations for 32 serious violations carrying $118,580 in penalties. 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.

Three repeat violations carrying $27,720 in fines involve unguarded lathes and failure to implement an effective respiratory protection program. 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 plant for similar hazards in 2007.

“One means of preventing new and recurring hazards is to implement and maintain an effective illness and injury prevention program in which management and employees work together to proactively identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.

The citations can be viewed at

http://www.osha.gov/ooc/citations/AmericanFeltandFilterCo-315750224-12282011.pdf  http://www.osha.gov/ooc/citations/AmericanFeltandFilterCo-313764250-12282011.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*.

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 cited Legend Tube and Metal Sales Inc. in Cleveland for 21 safety (including three willful) and health violations for operating unsafe cranes that struck and injured two workers at the steel service center. The company faces proposed fines of $157,200.

“Legend Tube and Metal Sales has a responsibility to ensure that its workers are protected from hazards associated with crane operations and to comply with relevant OSHA standards,” said Howard Eberts, OSHA’s area director in Cleveland. “Employers must be aware of the hazards that exist at their facilities and take appropriate measures to protect workers’ health and safety.”

An investigation was initiated after OSHA received complaints that two workers had been struck by overhead cranes at the facility, one on May 9 and another on May 10. The three willful safety violations, with proposed penalties of $126,000, were cited for operating a 20-ton, cab-operated crane and a 5-ton, floor-operated crane with the hoist blocks and hooks stuck in position approximately 6 feet off the ground, causing a “struck-by” hazard for workers; failing to establish a preventive maintenance program for the company’s eight cranes; and failing to have a gong or other effective warning signal on a 20-ton, cab-operated crane.

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.Eleven serious safety violations, with proposed fines of $29,400, were cited for failing to provide machine guarding on the horizontal band saw and radial arm saw, failing to develop an energy control program, using defective and worn slings throughout the facility, permitting various electrical violations to exist and using electrical equipment in need of repair. 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.

Seven other-than-serious health violations, with proposed fines of $1,800, were cited for failing to record workplace injuries and illnesses on the OSHA 300 log, including the incidents that occurred on May 9 and 10; failing to maintain fire extinguishers; exposing electrical equipment to water from a leaking roof; and failing to provide sufficient space around electrical equipment. 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.

The citations can be viewed here.

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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.

OSHA proposes $176,000 in fines against Stowe Woodward LLC for hazards at Concord, NH, plant.

Stowe Woodward LLC has been cited for 16 violations of workplace safety standards following an inspection at its Concord plant. The company, which refurbishes large metal rolls for the paper industry, faces $176,000 in proposed penalties.

Inspectors found several instances where operating machinery – including grinders, extruders and lathes – lacked proper guarding to prevent workers from coming in contact with moving parts. The machines also lacked adequate procedures to lock out their power sources to prevent unintended startup during maintenance. As a result of these conditions, the company was cited for two willful violations with $125,000 in fines. 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.

“The sizable fines proposed here reflect both the severity of these hazards and the fact that the company was well aware of the machine guarding and lockout hazards,” said Rosemarie Ohar, OSHA’s New Hampshire area director. “Stowe Woodward has been cited in the past for similar or equivalent hazards, including citations issued in 2005 and 1999 for machinery-related fatalities at its facilities in Louisiana and Georgia. For the safety and health of its workers, this employer must take effective steps to correct and prevent these hazards not only in Concord but at its other locations.”

Eleven serious violations with $49,000 in fines involve a lack of frequent crane inspections, ungrounded fans, inadequately guarded grinders, propane cylinders stored near an exit door, blocked access to an electrical disconnect panel, respiratory protection deficiencies and the company’s failure to inspect forklifts. 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.

Three other-than-serious violations with $2,000 in fines were cited for inadequate record keeping.

The Stowe Woodward LLC citations are available at http://www.osha.gov/ooc/citations/StoweWoodwardLLC_314046335_0906_11.pdf  and http://www.osha.gov/ooc/citations/StoweWoodwardLLC_29229_0906_11.pdf.