Posts Tagged ‘fines against employer’

OSHA Dings Tire Mart $341K in Worker Death

Mounting a tire proved fatal for this worker at a Mississippi facility. Let’s hope other employers get the message not to let this happen at theirs.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Southern Tire Mart LLC – based in Columbia, Mississippi – for failing to protect employees from serious safety hazards after a worker suffered fatal injuries while attempting to mount a monster truck tire rim at the company’s retreading facility in Fort Worth, Texas. The company faces $341,195 in fines.

OSHA inspectors determined the company exposed employees to struck-by, tire explosion, fire, and smoke hazards, and failed to provide a restraining device or barrier, and implement lockout/tagout procedures, as required. OSHA cited Southern Tire Mart – based in Columbia, Mississippi – for 17 violations, two of which are covered under OSHA’s National Emphasis Program on Amputations.

“Tragedies like this can be prevented if an employer had followed required procedures for servicing and repairing trucks,” said OSHA Area Director Timothy Minor, in Fort Worth, Texas. “Employers must ensure that workers are trained, and can demonstrate and maintain the ability to service rim wheels safely.”

OSHA offers compliance assistance resources on servicing multi-piece and single-piece rim wheels.

The company has 15 business days from receipt of the citation and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Safety Violations Set Back Fla. Contractor $220K

This contractor’s indifference to safety at its residential construction sites proved costly for its workers, and its bottom line.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited four Florida-based residential construction contractors for exposing employees to safety hazards at a Naples, Florida, worksite. The four companies received 12 citations collectively, totaling $220,114 in proposed penalties.

An employee suffered serious injuries after a fall at the Avery Square residential construction site. In conjunction with the Agency’s Regional Emphasis Program on Falls in Construction, OSHA conducted an inspection with the injured worker’s employer, Southern Living Contractors Inc. OSHA cited the company for failing to provide fall protection to employees engaged in roofing activities.

Inspectors witnessed several other safety hazards associated with other contractors at the site. OSHA cited Crown Roofing LLC for failing to provide fall protection, improper use of a ladder, and exposing employees to struck-by hazards from falling construction debris.

OSHA also cited Paramount Drywall Inc. – operating as Paramount Stucco LLC – for exposing employees to fall hazards, failing to provide fall protection, and permitting employees to climb the scaffold frame instead of an approved ladder to access the work platform.

Additionally, OSHA cited Sunny Grove Landscaping and Nursery Inc. for exposing employees to struck-by hazards from falling debris.

Read the citations for Southern Living Contractors Inc., Crown Roofing LLCParamount Drywall Inc., and Sunny Grove Landscaping and Nursery Inc.

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

OSHA Hits Florida Farm With $95K Fine For Exposing Workers to Ammonia Leak Hazards

This farm is paying the price for its indifference to workers safety.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Duda Farm Fresh Foods Inc. – based in Belle Glade, Florida – for exposing employees to workplace safety hazards after a worker required medical treatment due to an anhydrous ammonia leak in the farm’s packaging house. The company faces $95,472 in penalties.

OSHA cited the farm for failing to develop procedures for notifying employees of emergencies and evacuation, and a written emergency response plan; and failing to provide safety and health training to employees operating ammonia refrigeration systems, and ensure that employees required to respond to ammonia releases were provided a full-face respirator fit test. The inspection is covered under OSHA’s National Emphasis Program on Process Safety Management Covered Chemical Facilities.

“This incident reveals the harm that can result when chemical facilities fail to comply with worker safety regulations,” said OSHA Fort Lauderdale Area Director Condell Eastmond. “Employers are required to conduct a process hazard analysis to review what could go wrong, and what safeguards must be used to prevent releases of hazardous chemicals.”

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

OSHA Hits Ga. Tire Company With Hefty Fine

The work of tire manufacturing at this Georgia facility came at a price for workers’ safety.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a combined 22 citations to Kumho Tire Georgia Inc., Sae Joong Mold Inc., and J-Brothers Inc. after a follow-up inspection found safety and health hazards at the tire manufacturing facility in Macon, Georgia. The three companies collectively face $523,895 in proposed penalties.

OSHA cited Kumho Tire Georgia Inc. for exposing employees to fall, struck-by, and burn hazards; failing to follow hazardous energy control procedures when employees performed service and maintenance on machinery; failing to train employees on energy control procedures; and failing to provide machine guarding on various pieces of equipment throughout the facility. Proposed penalties total $507,299. OSHA initiated the follow-up inspection of the tire manufacturer after the Agency did not receive abatement documents regarding a June 2017 inspection and citations. The Agency has now placed Kumho Tire Georgia Inc. in the Severe Violator Enforcement Program.

OSHA cited Sae Joong Mold Inc. for using damaged slings and electrical hazards. Proposed penalties total $9,093. The Agency cited J-Brothers Inc. for exposing employees to smoke inhalation and burn hazards by failing to mount portable fire extinguishers and failing to perform annual maintenance on fire extinguishers. Proposed penalties total $7,503.

“Potential workplace hazards must be assessed and eliminated to ensure a safe work environment,” said OSHA Atlanta-East Area Director William Fulcher. “This employer exposed workers to multiple safety and health deficiencies that put them at risk for serious or fatal injuries.”

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Safety Violations Set Back Employer Half-Mill

When the rubber met the safety road at this worksite, the outcome wasn’t pretty for the workers.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Custom Rubber Products LLC – based in Houston, Texas – for failing to properly guard machinery and exposing employees to severe injury and amputation hazards. The company faces $530,392 in fines, the maximum penalty allowable by law.

OSHA cited Custom Rubber Products LLC for four egregious willful violations for machine guarding and caught-in hazards, and the company remains in the Severe Violator Enforcement Program. OSHA cited the company for similar hazards in 2014 after another employee was severely injured.

“Employers are required to assess potential hazards, and make necessary corrections to ensure a safe workplace,” said OSHA’s Acting Regional Administrator in Dallas Eric S. Harbin. “The inspection results demonstrate workplace deficiencies existed putting workers at serious risk of injury.”

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Pa. Employer Fined $678K Over Arm Amputation

Too late for this worker who lost his hand on the job, but maybe this penalty will spare future workers from this same ill fate.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Champion Modular Inc. for exposing employees to safety and health hazards at its Strattanville, Pennsylvania, facility. The company faces $687,650 in penalties.

OSHA initiated an inspection after an employee suffered an amputation in November 2018. The Agency issued willful and serious citations for failing to use machine guarding, provide fall protection, and train workers on hazard communication and hearing conservation.

“Moving machine parts have the potential to cause severe workplace injuries if they are not safeguarded,” said OSHA Erie Area Office Director Brendan Claybaugh. “Employers’ use of machine guards and devices is not optional. Employers are legally responsible for ensuring that machine operators are protected.”

The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for American working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.

My thanks to Jon Hyman for linking to this post in his May 31 weekly round up of employment and HR blogs for the Ohio Employer Law Blog.

Trench Collapse Costs Employer $106K in Fines

This latest trench collapse was costly of course to the injured employees but also to their employer.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited T.H. Construction Co. after two employees suffered serious injuries when a trench collapsed at a construction site in Lincoln, Nebraska. OSHA proposed penalties of $106,078 for one willful violation of its trench safety standards.

Two employees suffered injuries when a portion of the trench wall caved in as they repaired fiber optic cable. A third employee escaped injury. OSHA cited the company for failing to use protective systems to prevent a collapse.

“Compliance with trenching and excavation regulations is not optional,” said OSHA Omaha Area Office Director Jeff Funke. “Employers are legally required to use appropriate protective systems to ensure that workers are not injured.”

OSHA recently updated the National Emphasis Program on preventing trenching and excavation collapses, and developed a series of compliance assistance resources to help keep workers safe from these hazards. The agency’s trenching and excavation webpage provides information on trenching hazards and solutions. Additional information is available in OSHA’s construction hazards prevention videos on trenching and soil classification.

The company has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit https://www.osha.gov.