US Department of Labor’s OSHA cites Miami companies with willful and serious safety violations after fatality at Bernuth Marine Terminal.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is proposing penalties against four Miami, Fla., companies for safety violations following a fatality at the Bernuth Marine Terminal.

In May, an investigation was initiated following notification to OSHA of a possible occupational death when a longshoreman was missing for two days. The employee of Miami Stevedoring Services (MSS) apparently fell overboard from the top of a container that was onboard a cargo vessel.

Miami Stevedoring is receiving willful citations related to the fatality for exposing workers to fall hazards while working from the ship’s intermodal containers and failing to provide workers with personal floatation devices while working onboard ships. The company is also receiving a willful citation for operating powered industrial trucks that had broken and missing equipment, along with two repeat, six serious, and one other-than-serious violation.

Inspections of the other three companies – Island Stevedoring LLC, Bernuth Agencies Inc. and Marine Diesel Inc. – were started during the fatality investigation based on violations observed by the OSHA compliance officer. Bernuth Agencies owns the marine terminal where MSS was contracted to provide stevedoring services. Marine Diesel provides equipment repair at the terminal. Island Stevedoring currently provides the stevedoring services, replacing MSS after the fatality.

Island Stevedoring is being cited with two willful and nine serious violations. Bernuth Agencies is being cited with four serious and one other-than-serious violation. Marine Diesel is receiving five serious violations.

“Working around containers is dangerous. However, it can be done safely if employees are provided the required equipment to perform their duties, and management enforces the OSHA standards,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale. “The cost of human life is far too great a price to pay for anyone to ignore these hazards. All of us want to see working men and women go home safe at the end of every work shift.”

The agency is proposing $318,900 in penalties against the four companies. The penalties for Miami Stevedoring Services total $196,600; Island Stevedoring $90,000; Bernuth Agencies $24,800 and Marine Diesel $7,500.

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA’s Fort Lauderdale Area Office, 1000 South Pine Island Road, Suite 100; telephone 954-424-0242.

Under the Occupational Safety and Health Act of 1970, OSHA’s role is to promote safe and healthful working conditions for America’s men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit:

http://www.osha.gov.

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For Immediate Release                                          Contact: Diane Hurns, 847-768-3413, dhurns@asse.org

Des Plaines, IL (December 18, 2008) — “Workplace safety processes must be in place at all times,” American Society of Safety Engineers’ (ASSE) President Warren K. Brown, CSP, ARM, CSHMM, of Fairborn, Ohio, said today. “They are even more critical during business downturns.”

Brown is referring to recent reports of some companies cutting safety processes hoping to reduce costs.

“If companies believe they will save money by reducing or ignoring safety for their workers, customers and communities they do business in, they are mistaken,” Brown said. “The ongoing positive results are in and have been for companies that have a strong safety culture and continually invest in and implement effective safety processes. Not only does their bottom line benefit positively, but their company reputation stays intact, employees stay safe and healthy reducing health care, workers comp, training and turnover costs not to mention keeping customers, the communities they do business in, vendors and employees happy. Safety is good business.”

Members of the 97-year-old ASSE — occupational safety, health and environmental professionals located worldwide — caution employers against cutting back on workplace safety in time of economic difficulty.President-Elect of the ASSE South Carolina Chapter Laura Comstock said, “Some safety related purchases and testing can be deferred, but other purchases, such as those for employee personal protective equipment (PPE) like hardhats, safety glasses and respirators, are critical to operations.”It is especially important for companies to show support for their employee safety during challenging economic times, she notes. “Employee morale may be low and employees may be carrying additional workloads, such as working additional hours or doing unfamiliar tasks due to cutbacks,” she notes. Comstock added, “In order to remain viable long-term, a company must maintain a solid safety process even through difficult times. The most successful companies in the long term also have the strongest safety performance.”“We realize these are tough times, but during economic down-turns, employers seeking to cut expenses may target variable operating costs such as travel, training and safety,” Brown said. “Money cut from safety processes now could have an enormous cost later; this can be from injury and health care costs, fines, lost production time, employee morale, or worst of all, employee injury or even death. There are better and smarter ways to protect the bottom line.”The South Carolina ASSE chapter suggests employees can also take measures to help companies save money such as by: following safe working procedures and practices to prevent injuries, related downtime and expenses such as costly fines; by properly using, cleaning and caring for protective equipment such as hardhats and respirators; reusing gloves whenever possible for as long as possible; and by keeping track of safety glasses and reusable hearing protection.

A steel worker in Crown Point Indiana was awarded $48 million in damages after he was injured at a northwestern Indiana steel mill four years ago.

Jurors determined half of the damages should be paid by a subcontractor working at the mill and the other half by his employer.  Read the article.