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

EAP, Fall Protection, PPE among Many Problems

OSHA cited Sigma Processed Meats Inc. for 16 serious and three repeat violations following an inspection that found workers were exposed to fall and other hazards at the company’s processing plant in Seminole, OK. Proposed penalties total $204,800.

OSHA’s Oklahoma City Area Office began its investigation June 1 at the company’s plant on East Goodhope Road after receiving a complaint. Serious violations include failing to provide guardrails as fall protection for employees working on elevated walking/working surfaces, provide an adequate emergency action plan, provide personal protective equipment such as goggles or face shields, train employees on the use of hazardous chemicals and address hazards created by deficiencies in the company’s process safety management system for anhydrous ammonia. Anhydrous ammonia is used for the refrigeration system. 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 repeat violations include failing to develop and implement a lockout/tagout program for isolation of energy sources as well as to provide training for employees on the use of lockout/tagout devices. 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.“Failure to effectively implement OSHA’s safety and health regulations to protect workers from potential hazards could lead to serious injury or death. OSHA will not tolerate such negligence,” said David Bates, OSHA’s area director in Oklahoma City.

The citations can be viewed here and here.

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Company Placed in Severe Violator Enforcement Program

OSHA has cited Midsouth Steel Inc. of Atlanta for four safety violations following an inspection that found workers exposed to fall hazards while performing roofing work on Roosevelt Highway in Union City, GA. Proposed penalties total $184,800.

OSHA initiated the inspection as part of a local emphasis program protecting workers in the construction industry from falls. Midsouth Steel, a general contractor performing steel fabrication and roof decking, had been contracted by MBA Waste Service of Atlanta to build a 44,000-square-foot recycling facility in Union City.Three willful violations with $184,800 in fines were cited for exposing workers to fall hazards by allowing them to work at heights of 35 feet in an aerial lift without requiring the use of fall protection, exceeding an aerial lift’s load capacity and failing to provide fall protection for employees working on a steep pitched roof.

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. Additionally, one other-than-serious violation with no monetary penalty was cited for failing to provide certification that the site supervisor received proper forklift operator training and evaluation. 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.

“Management knowingly exposed its workers to fall hazards because they were more concerned with completing the job faster than providing a safe work site,” said Andre C. Richards, director of OSHA’s Atlanta-West Area Office. “It is the employer’s responsibility to ensure that workers are safe on the job.”

OSHA has placed Midsouth Steel 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 here. View the company’s citations.

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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.

WICHITA, KS – OSHA cited Formation Plastics Inc. in Quinter, KS with one serious and three willful safety and health violations. An inspection was initiated after a worker was fatally crushed between a press mold and the machine’s outer structure in May.

“It is unthinkable that an employer would allow employees to work in and around dangerous equipment that lacked machine guarding as well as appropriate lockout/tagout procedures to control the energy source,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City, MO. “All employers must take the necessary steps to eliminate hazards from the workplace.”

The willful violations, carrying $210,000 in proposed fines, address hazards associated with failing to develop and utilize energy control procedures, failing to train workers in energy control, and exposing workers to moving equipment parts. 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 serious violation, with a $7,000 fine, was cited for failing to provide point-of-operation guarding on a punch press. 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.

Proposed penalties total $217,000. Formation Plastics, a custom plastic parts manufacturer, has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director in Wichita, or contest the findings before the independent Occupational Safety and Health Review Commission.

The citations can be viewed here.

Market Basket Store Failed to Call Emergency Services after Employee Fall Injury

CONCORD, NH – OSHA cited DeMoulas Supermarkets Inc., doing business as Market Basket, for 30 alleged willful, repeat and serious violations of workplace safety standards at its stores in Rindge and Concord, N.H. The Tewksbury, Mass., grocery chain, which has stores in New Hampshire and Massachusetts, faces a total of $589,200 in proposed fines, chiefly for recurring fall and laceration hazards and also for improperly responding to a worker’s serious injury.

“Employers with multiple locations have a responsibility to ensure safe and healthful working conditions at all of their workplaces,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “This employer has been cited for similar conditions at numerous other stores. Although those individual hazards were abated, this employer has not taken effective steps to correct these hazards across the board.”

The inspection of the Market Basket store in Rindge on U.S. Route 202 began after an employee sustained broken bones and head trauma on April 17 when he fell 11 feet to a concrete floor from an inadequately guarded storage mezzanine. Instead of calling for emergency help, store management lifted the injured worker from the floor, put him in a wheelchair and pushed him to the store’s receiving dock to wait for a relative to take him to the hospital. The Concord store inspection began May 16 after an OSHA supervisor observed the same type of fall hazard as the one at the Rindge store while shopping at the Market Basket store on Fort Eddy Road.

OSHA found that employees at both stores were exposed to falls from heights greater than 11 feet while working on top of produce coolers, freezers and storage lofts that lacked adequate guardrails. OSHA previously had cited DeMoulas for the same hazard at the Concord store as well as stores in Fitchburg, Lawrence and Tewksbury, Mass.

Employees who worked in the produce, deli and bakery departments at the Rindge and Concord stores also were exposed to laceration hazards from knives due to the grocery chain’s failure to conduct a hazard assessment and provide hand protection. DeMoulas previously was cited by OSHA for the same types of hazards at its Tewksbury and Westford, MA locations. Due to the company’s knowledge of the fall and laceration hazards and its systemic failure to correct them, OSHA cited four willful violations with $261,000 in proposed penalties. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

Additionally, DeMoulas Supermarkets has been cited for seven repeat violations with $225,500 in fines for hazardous conditions similar to those previously cited at its Ashland, Andover, Fitchburg, Salem, Tewksbury and Westford, Mass., locations. These citations encompass amputation hazards stemming from a lack of procedures, training and equipment to ensure that a meat saw and seafood cooler would not be activated while employees were cleaning them, as well as hazards from exposed portions of the saw’s blade; inadequate training of powered industrial truck operators; and a lack of bloodborne pathogen training for an employee required to clean equipment and work areas contaminated with human blood. 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.

Finally, the company has been cited for 19 serious violations with $102,700 in proposed penalties. One violation was cited under OSHA’s general duty clause for failing to contact emergency services and for moving the injured employee. The remaining 18 violations involve obstructed exit routes; a lack of eye and hand protection and an emergency eyewash for employees working with or near battery acid; a lack of chemical hazard communication training for workers; and other hazards related to electrical equipment, machine guarding and bloodborne pathogens. 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 citations can be viewed here.

http://www.osha.gov/ooc/citations/DemoulasSuperMarketsIncdbaMarketBasket_63192_1007_11.pdf

http://www.osha.gov/ooc/citations/DemoulasSuperMarketsIncdbaMarketBasket_29247_1007_11.pdf

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.

FREEPORT, Texas – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Texas Barge & Boat Inc. for one willful and 39 serious violations following the deaths of two workers from a fire at the company’s facility in Freeport, where boats and barges are repaired.

“It is critical that air monitoring is conducted when employees perform cutting operations in confined and enclosed spaces,” said Mark Briggs, director of OSHA’s Houston South Area Office. “This accident possibly could have been avoided if the company had followed OSHA’s standards.”

OSHA initiated a safety and health inspection on April 2 following a report from the local sheriff’s department that an explosion had occurred and two workers were missing at the company’s facility on East Floodgate Road. Nine employees were performing cutting and fire watch operations inside the hopper space, an area between the cargo hold and the bottom plate of the vessel, with limited means of entry and exit when the flash fire occurred.

The willful violation was cited for failing to conduct air monitoring tests prior to employees entering the confined and enclosed spaces to perform oxygen and fuel gas cutting operations. 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 involve failing to provide fall protection around the perimeter of the barge and around manholes, ensure compressed gas cylinders were secured, ensure proper electrical wiring was installed, ensure circuit breakers were labeled, provide respirator fit-testing, inspect oxygen and acetylene hoses, and develop a fire safety plan. 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.

Proposed penalties total $221,200. The citations can be viewed at: http://www.osha.gov/ooc/citations/TexasBarge-Boat-312928195-0929-11.pdf  and http://www.osha.gov/ooc/citations/TexasBarge-Boat-312927445-0929-11.pdf.