Repeated Violations Lead to Proposed Fines of $169K

OSHA proposed a total of $169,000 in fines against contractor Penney Construction Co. LLC in Hartford, CT chiefly for exposing its workers to cave-in hazards while repairing a sewer line in a 10-foot-deep trench on Park Street.

An inspection by OSHA’s Hartford Area Office found that not only did the trench lack any protection to prevent the walls from collapsing onto workers; the cave-in hazard was intensified by the presence of an unsupported sidewalk and catch basin overhanging the trench. OSHA standards require that trenches or excavations 5 feet or deeper be protected against collapse through shoring, sloping of the soil or use of a protective trench box. Even after being informed that the conditions posed an imminent danger, the employer continued to send workers into the trench. These hazards resulted in citations for two willful violations with $140,000 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.

Five serious violations with $29,000 in fines involve rocks and soil falling into the trench, not testing the sewer line for hazardous atmospheres, a lack of personal protective equipment and not adequately training the workers to recognize the hazards associated with their work. 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.

“This employer repeatedly sent its workers into harm’s way even after being told that the unguarded trench posed a clear, immediate and potentially deadly threat,” said Paul Mangiafico, OSHA’s area director in Hartford. “These workers could have been crushed or buried alive in seconds.”

Detailed information on trenching and excavation hazards as well as safe working procedures is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

OSHA has placed Penney Construction 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/penneys-construction-314406406-01202012.pdf*.

$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*.

More than $1 Million in Back Wages and Damages to be Paid

OSHA has ordered AirTran Airways, a subsidiary of Dallas, Texas-based Southwest Airlines Co., to reinstate a former pilot who was fired after reporting numerous mechanical concerns. The agency also has ordered that the pilot be paid more than $1 million in back wages plus interest and compensatory damages. An investigation by OSHA’s Whistleblower Protection Program found reasonable cause to believe that the termination was an act of retaliation in violation of the whistleblower provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR21.

“Airline workers must be free to raise safety and security concerns, and companies that diminish those rights through intimidation or retaliation must be held accountable,” said OSHA Assistant Secretary Dr. David Michaels. “Airline safety is of vital importance, not only to the workers, but to the millions of Americans who use our airways.”

The pilot’s complaint alleged that the airline removed him from flight status on Aug. 23, 2007, pending an investigative hearing regarding a sudden spike in the pilot’s mechanical malfunction reports, or PIREPS. The airline held an internal investigative hearing on Sept. 6, 2007, that lasted 17 minutes. Seven days later, the airline terminated the pilot’s employment, claiming that he did not satisfactorily answer a question regarding the spike in reports. OSHA found that the pilot did not refuse to answer any questions during the hearing, answers to questions were appropriate, and the action taken by the airline was retaliatory.

“Retaliating against a pilot for reporting mechanical malfunctions is not consistent with a company that values the safety of its workers and customers,” added Michaels. “Whistleblower laws are designed to protect workers’ rights to speak out when they have safety concerns, and the Labor Department will vigilantly protect and defend those fundamental rights.”

Either party to the case can file an appeal with the Labor Department’s Office of Administrative Law Judges, but such an appeal does not stay the preliminary reinstatement order.

AirTran Airways is a subsidiary of AirTran Holdings Inc. with headquarters in Orlando. On May 2, 2011, Southwest Airlines completed the acquisition of AirTran Holdings Inc. and now operates AirTran Airways as a wholly-owned subsidiary.

OSHA enforces the whistleblower provision of AIR21, as well as 20 other statutes protecting employees who report violations of various securities, trucking, workplace health and safety, nuclear, pipeline, environmental, rail, maritime, health care, consumer product and food safety laws.

Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program.

Detailed information on employee whistleblower rights is available online at http://www.whistleblowers.gov.  The U.S. Department of Labor does not release names of employees involved in whistleblower complaints.

OSHA to Order Company to Comply with Safety Standards

The U.S. Department of Labor’s regional solicitor’s office in Boston has filed a complaint against DeMoulas Super Markets Inc., doing business as Market Basket, with the Occupational Safety and Health Review Commission. The complaint asks the commission to order the Tewksbury, Mass.-based chain to comply with the department’s Occupational Safety and Health Administration’s safety standards designed to protect employees from fall and laceration hazards at the employer’s more than 60 stores in Massachusetts and New Hampshire.

This request for enterprisewide relief is based upon hazards OSHA found during inspections of various DeMoulas stores, including the agency’s most recent inspections at Market Basket stores in Rindge and Concord, N.H. Those inspections resulted in citations and proposed OSHA fines totaling $589,200, which DeMoulas has contested to the Occupational Safety and Health Review Commission.

“Hazardous conditions at multiple locations that expose employees to serious injuries demand a swift and comprehensive corrective response at the corporate level,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “OSHA insists that this employer completely and effectively eliminate the hazards it never should have allowed to exist in the first place.”

The department’s complaint alleges that employees at multiple Market Basket stores were exposed or likely to be exposed to fall hazards from unguarded, open-sided work and storage areas, including storage lofts and atop produce coolers and freezers. An employee of the Market Basket store in Rindge was seriously injured in April 2011 when he fell 11 feet onto a concrete floor from an inadequately guarded storage mezzanine, and an employee at a Billerica, Mass., store was seriously injured under similar conditions in 2007.

The company also allegedly failed to protect employees in produce, deli and bakery departments against laceration hazards from knives and cutting instruments by not conducting job hazard analyses that would have identified the need for hand protection, and by not providing such hand protection to workers exposed to the hazards. In 2006, after being cited by OSHA, the company agreed to complete job hazard analyses in all stores but failed to do so. Between 2008 and 2011, employees at the Rindge and Concord stores sustained at least 40 recorded hand lacerations.

“Worker safety is not optional, and it cannot be addressed in a piecemeal fashion. It must be addressed across the board,” said Michaels. “This employer has the responsibility to safeguard all its employees at all its locations, something it has failed to do.”

DeMoulas Super Markets has 20 days from receipt of the complaint to file an answer. Details of OSHA’s inspections of the Rindge and Concord stores and copies of the citations can be found at http://www.osha.gov/ooc/citations/DemoulasSuperMarketsIncdbaMarketBasket_63192_1007_11.pdf.

This complaint filed with the Occupational Safety and Health Review Commission marks the second such time that the department has expressly sought enterprisewide relief from an employer. The first time was against the U.S. Postal Service in July 2010 for correction of electrical work safety violations at 350 postal facilities throughout the nation. That matter is pending.

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*.

Whistleblower Employee to be Rehired

OSHA ordered Omaha based Union Pacific Railroad Co. to immediately reinstate an employee in Idaho who was terminated after reporting a work-related injury. OSHA also has ordered the company to pay the employee more than $300,000 in back wages, compensatory damages, attorney’s fees, and punitive damages.

The employee filed a whistleblower complaint with OSHA, alleging suspension without pay and then termination 23 days after notifying the company of an on-the-job injury. OSHA’s investigation found reasonable cause to believe that the disciplinary charges and termination were not based on the complainant breaking a work rule but on the complainant reporting an injury to the railroad, in violation of the Federal Railroad Safety Act’s whistleblower protection provisions. Union Pacific Railroad Co. was found to have similarly violated the FRSA in four other cases elsewhere in the U.S. since 2009.

“This case sends a clear message that OSHA will not tolerate retaliation against workers for reporting a work-related injury. An unreported injury is an uninvestigated injury. Nothing is learned that can help prevent the next injury,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “The safety of all workers is endangered when employers intimidate injured workers so that they do not report injuries.”

In addition to reinstatement and monetary compensation, OSHA has ordered the railroad to refrain from retaliating against the employee for exercising rights guaranteed under the FRSA.

Read OSHA news release.

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
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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*.