the Occupational Safety and Health Administration (OSHA) has levied $822,000 in fines against Pennsylvania duct manufacturer Lloyd Industries Inc. following a gruesome injury that resulted in a worker losing three fingers. OSHA has also placed the company in its Severe Violator Enforcement Program.
In the last 15 years, the people who work for the company have been left to worry about returning home with a workplace injury as the duct manufacturer allows them to operate machines without protection from dangerous moving parts, and exposes them to hazardous noise levels without yearly tests to protect their hearing.
“William Lloyd and Lloyd Industries are serial violators of OSHA safety standards, and their workers have paid the price,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “No employer is above the law. For 15 years, they have repeatedly put their employees at risk of serious injuries. This must stop now.”
William Lloyd has shown a pattern of defiance toward OSHA standards. The latest inspection resulted in several violations including failure to guard machines, provide annual audiometric tests, electrical hazards, noise protection and recordkeeping violations. For more information, read the news release.
Four DuPont Workers Killed by Gas Could Have Been Saved with Proper Protections
Four workers killed after being overcome by a lethal gas would be alive had their employer, DuPont, provided required protective equipment. One worker was overwhelmed when methyl mercaptan gas was unexpectedly released as she unplugged a supply line. Two co-workers who came to her aid were also overcome. None of the three wore protective respirators. A fourth co-worker – the brother of one of the fallen men – attempted a rescue, but was unsuccessful. OSHA cited the company for 11 safety violations and issued fines totaling $99,000.
“Four people lost their lives and their families lost loved ones because DuPont did not have proper safety procedures in place,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Had the company assessed the dangers involved, or trained their employees on what to do if the ventilation system stopped working, they might have had a chance.”
DuPont was cited for one repeat, nine serious and one other-than-serious OSHA violations including exposing workers to concentrations of methyl mercaptan above the legal limit, failing to train workers on using the building’s ventilation system and backup safety procedures, and provide up-to-date safety information. The inspection also found numerous safety upgrades the company must undertake to prevent future accidents at its LaPorte building. For more information and to view the citations, read the news release.
Utility Installers in Colorado and South Carolina Cited for Failing to Protect Workers from Trench Collapse
K.R. Swerdfeger Construction Inc. and Pate Construction Co. Inc. were cited by OSHA for willfully failing to provide workers with cave-in protection. OSHA initiated an inspection of Swerdfeger Construction in Pueblo, Colo., after receiving a complaint. A separate inspection of Pate Construction in Penrose, Colo., began after an OSHA compliance officer observed an unprotected trench. Combined proposed penalties total $101,200.
“A trench cave-in happens so quickly a worker has no time to react, and the results are often fatal,” said David Nelson, OSHA’s area director in Englewood, Colo. “Shoring trench walls for support is not a new practice in the construction industry, yet both of these employers chose to ignore this commonsense safety system.”
Swerdfeger was also cited for placing workers in a trench more than 4 feet deep without a safe exit. Read the news brief for more information and to view the citations.
OSHA also cited DS Utilities Inc. of Fort Jackson, S.C., for exposing workers to trenching hazards while installing sewer lines. OSHA issued the company one willful citation for allowing employees to work in a 9.5 foot deep excavation without cave-in protection. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle or by using a protective trench box.
Additionally, three serious violations were issued for failing to provide a safe entrance and exit from the trench, allowing workers to operate an excavator too close to the opening of the trench and exposing workers to tripping and fall hazards from an open hole. Total proposed penalties are $68,600.
The inspection was initiated as part of OSHA’s National Emphasis Program on Trenching and Excavation. For more information, see the news brief.
Roofing Company Owner Charged in Employee’s Fatal Fall
The owner of a Pennsylvania roofing company was indicted by the U.S. Attorney’s office in Philadelphia with making false statements, obstructing justice and willfully violating OSHA fall protection standards in connection with the fatal fall of an employee in June 2013. According to the indictment, the owner failed to provide fall protection equipment to his employees, and then gave false information to OSHA investigators. If convicted, the defendant faces a maximum sentence of 25 years in prison, three years of supervised release, $1.5 million in fines, and a $510 special assessment. See the Department of Justice news release for more information.
OSHA Fines Ohio Chicken Processing Facility More Than $126K for Repeatedly Exposing Workers to Machinery Hazards
Less than two years after agreeing to address safety violations in a settlement with OSHA, Case Farms Processing in Ohio was found to be exposing workers to the same dangerous machinery hazards. “This inspection demonstrates that the company has failed to meet the goals outlined in the 2013 agreement,” said Deborah Zubaty, area director of OSHA’s Columbus office. She called it “disheartening setback for worker safety” at the poultry plant. The company received one willful, four repeated and one other-than-serious violation with proposed penalties of $126,500. See the news release for more information.
Construction Firm Willfully Exposed Workers to Scaffolding, Electrocution Hazards at Philadelphia Worksites
A Pennsylvania construction company with a history of OSHA violations was cited for exposing employees to numerous scaffolding and electrocution hazards at two worksites. Inspections at both sites were prompted by imminent danger notifications just three weeks apart. OSHA cited the company for eight violations, including seven willful, with proposed penalties totaling $470,300. The company, DMAC Construction, and a previous company under the same owner’s control, had been placed in OSHA’s Severe Violator Enforcement Program following citations in 2011 and 2013. See the news release for more information.
Texas Chemical Manufacturing Facility Cited for Injury, Amputation Risks Following Fatality
An OSHA inspection prompted by the crushing death of an employee at a Texas chemical manufacturing facility found 18 serious and nine other-than-serious violations, resulting in a proposed penalty of $63,000. “Venture Chemicals allowed workers to operate dangerous equipment without appropriate protective measures, and a worker died because of it,” said Elizabeth Linda Routh, OSHA’s area director in Lubbock. The investigation resulted in citations for build-up of combustible dust, electrical violations that could have started a fire, and creating the possibility of amputation or other serious injury by failing to include protective equipment, among others. Please see the news release for more information.
For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.