In a three-and-a-half year period, 4,500 employees at Ashley Furniture Industries, Inc., in Arcadia, Wisconsin, experienced more than 1,000 work-related injuries. One worker became another terrible statistic when he lost three fingers in July 2014 while operating a dangerous woodworking machine without required safety mechanisms in place. Of the injuries recorded, more than 100 were caused by similar machinery.
After the incident, OSHA conducted an inspection of the facility. Investigators identified 12 willful, 12 repeated, and 14 serious safety violations at Ashley Furniture’s Arcadia location, carrying a total of $1,766,000 in penalties.
“Ashley Furniture has created a culture that values production and profit over worker safety, and employees are paying the price,” said US Secretary of Labor Thomas E. Perez. “Safety and profits are not an ‘either, or’ proposition. Successful companies across this nation have both.”
Dr. David Michaels, the assistant secretary of labor of occupational safety and health, said, “Ashley Furniture intentionally and willfully disregarded OSHA standards and its own corporate safety manuals to encourage workers to increase productivity and meet deadlines. The company apparently blamed the victims for their own injuries, but there is clear evidence that injuries were caused by the unsafe conditions created by the company. OSHA is committed to making sure that the total disregard Ashley Furniture has shown to safety stops here and now.”
Forbes lists Ashley Furniture Industries, a furniture manufacturer with worldwide distribution, as the 117th largest private company in America. With annual revenue of $3.85 billion as of October 2014, the company employs about 20,000 workers at 30 locations nationally. The Arcadia plant is also the largest employer in Wisconsin’s rural Trempealeau County, with a population of about 30,000.
The 12 willful and 12 repeated violations were cited after OSHA found that the company did not take the necessary steps to protect its workers from being injured by moving machine parts. It did not prevent machines from unintentionally starting when workers were performing tooling and blade changes on woodworking machinery, and also failed to provide adequate safety mechanisms to prevent contact with those moving parts.
A willful violation is one committed with intentional, knowing, or voluntary disregard for the law’s requirement, or with plain indifference to employee safety and health. OSHA issues repeated violations if an employer previously was cited for the same or a similar violation of any standard, regulation, rule, or order at any other facility in federal enforcement states within the last five years.
OSHA also cited Ashley Furniture Industries for 14 serious violations, including not training workers on safety procedures and hazards present when servicing machinery. The company also lacked adequate drenching facilities for workers exposed to corrosive materials; it committed three electrical safety violations, and it did not equip some of its machines with readily-accessible emergency stop buttons.
An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exists.
Ashley Furniture Industries, Inc., has had 33 federal OSHA inspections and 23 state plan inspections since 1982. In its 33 previous inspections, OSHA issued citations for 96 serious, four repeat, and 38 other-than-serious violations. Four inspections were initiated as a result of finger amputations, with Arcadia’s 2014 incident being the most recent. Ashley Furniture’s workers’ compensation carrier is Twin City Fire Insurance Company, part of the Hartford Insurance Group.
How to Implement OSHA’s Globally Harmonized Hazard Communication Standard (GHS)
OSHA has issued a final rule revising its Hazard Communication Standard, aligning it with the United Nations’ globally harmonized system (GHS) for the classification and labeling of hazardous chemicals. This means that virtually every product label, safety data sheet (formerly called “material safety data sheet” or MSDS), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on safety data sheets.
Dallas RCRA and DOT Training
Nashville RCRA and DOT Training
Kansas City RCRA and DOT Training
Era Valdivia Contractors Exposes Workers to Lead Paint; Faces $287,440 in Fines
Without proper protections, employees who work with lead can bring this toxic metal home on their clothes, shoes, skin, hair, and hands with the potential to poison children and other family members. “Take-home lead” as it’s called is particularly dangerous for pregnant women and preschoolers.
The company has been cited 13 previous times for violating the lead construction standards.
“OSHA’s investigation found that Era Valdivia Contractors had performed tests that indicated dangerous lead exposure in the early stages of the project. The company made a conscious decision not to protect its workers,” said Kathy Webb, OSHA’s area director in Calumet City. “Era Valdivia Contractors failed to follow the law and its company policy, putting everyone at risk.”
OSHA estimates that approximately 804,000 workers in general industry and an additional 838,000 workers in construction are potentially exposed to lead regularly. Lead exposure can cause long-term damage to the central nervous, urinary, blood, and reproductive systems.
Era Valdivia Contractors was issued four willful violations for failing to provide personal protective clothing, clean changing areas and hygiene facilities, such as showers and hand-washing facilities, to prevent lead from traveling home.
The company also failed to provide written notice to an employee who was overexposed to lead, resulting in the issuance of one serious violation.
Two violations were cited for failing to provide an on-site lead compliance program and to post lead warning signs in work areas. The company was cited for similar violations in 2011.
Auto Parts Manufacturer and Temp Agency Cited for Multiple Violations
SCA manufactures auto parts, such as blowers, heaters and evaporators for Hyundai, Kia, and Ford Motor Co.
Liberty Staffing, of Auburn, provides approximately 115 employees to SCA. Proposed penalties for the two companies total $158,020.
“Host employers, as well as the temporary staffing agencies, have the responsibility to protect their employees from being exposed to hazards in the workplace and should not wait for an OSHA inspection to identify safety and health deficiencies,” said Joseph Roesler, OSHA’s area director in Mobile.
SCA was cited for these same hazards in 2010 and 2011.
OSHA has inspected SCA four times previously since 2008. The company received citations for machine guarding, hazardous energy, guarding floor and wall openings and fall hazards. Liberty Staffing has no prior OSHA inspection history.
Burrows Paper Cited for Repeatedly Exposing Workers to Amputation, Other Hazards
Mere months after two employees were injured by dangerous machines, Burrows Paper Corp., again put workers at risk. Acting on a complaint, OSHA found workers unjamming and servicing machines without proper safeguards during an August 25, 2014, inspection.
“How long will it take before Burrows Paper begins to value the safety and health of its employees? Injuries caused by these machines often end in disfigurement, disability or death, yet this company continuously fails to fix those problems,” said Bill Wilkerson, OSHA’s area director in Cincinnati. “This is frustrating and inexcusable, and we promise that we’ll keep coming back until Burrows Paper learns that safety is nonnegotiable.”
OSHA’s most recent inspection found that Burrows Paper had not developed procedures to ensure that the die-cutting machine and paper-sorting machine would not unintentionally operate during servicing or maintenance, a procedure known as lockout/tagout.
One of those injuries also involved machine hazards.
Two serious violations address Burrows Paper’s failure to verify the effectiveness of energy isolating procedures on the paper-sorting and die-cutting machines.
Headquartered in Little Falls, New York, Burrows Paper manufactures machine glaze and machine finish paper grades for use in medical and food packaging. The company operates four paper mills. Three are in New York and the fourth in Pickens, Mississippi. Burrows’ packaging operations are located in Franklin and Mt. Vernon; Fort Madison, Iowa; and Reno, Nevada.
Plating Shop Exposes Workers to Serious Cancer Risk, Other Health Hazards; Fined $110,200
The dangers of worker exposure to hexavalent chromium, a known carcinogen that can cause serious long-term health issues, including lung cancer and kidney failure, should have come as no surprise to the Lane Plating Works, Inc., owner. Air-monitoring tests told him that workers were being overexposed to the dangerous toxin, but he failed to correct the hazard. As a result, the OSHA has cited the Dallas-based chrome plating shop for two willful violations and 19 serious violations. The proposed penalty totals $110,200.
“Workers had dangerous chemical residue on their clothing and labored in areas where unsafe levels of hexavalent chromium dust were found on work surfaces,” said Stephen Boyd, OSHA’s area director in Dallas. “By failing to address these hazards, Lane Plating Works’ endangered the health and well-being of its employees and their families who were exposed when their loved ones came home with contaminated clothing.”
OSHA initiated the complaint inspection under its National Emphasis Program for Hexavalent Chromium.
The 19 serious violations, with a penalty of $54,200, were cited for failing to institute controls to reduce and maintain levels of hexavalent chromium below the permissible exposure limits and to train workers on the chemical’s hazards.
Garda Armored Car Fails to Train Drivers on Fire Extinguisher Use, Fined $70,000
Garda Armored Car failed to train its employees to use portable fire extinguishers, despite being cited by OSHA for the same violation in March 2013. Responding to a complaint, OSHA inspected the armored car company on October 20, 2014, and found that the business had not trained employees as instructed.
“Garda needs to follow through on its statements and provide OSHA with documentation that the company is training workers to use this lifesaving equipment,” said Bill McDonald, OSHA’s area director in St. Louis. “Ignoring OSHA citations demonstrates a blatant disregard for employee safety.”
OSHA issued one failure-to-abate violation, with proposed penalties of $70,000. OSHA issues failure- to-abate citations when an employer fails to correct a violation during the period specified in the citation. Garda reported to OSHA that it had provided the training June 3, 2013.
PAI Industries Fails to Protect Employees from Workplace Safety Hazards
PAI Industries, Inc., of Suwanee, Georgia, has been issued a $55,800 fine for hazards found during an OSHA inspection.
Five other violations include the employer failing to implement a noise monitoring program and not ensuring fire extinguishers were properly mounted and labeled. 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 results from this on-site enforcement inspection illustrate the need for OSHA’s focus on the automotive parts industry,” said William Fulcher director of OSHA’s Atlanta-East Area Office. “Employers can’t only rely on OSHA to identify hazards; they must be proactive in protecting the health and safety of their workers.”
H & W Contracting Exposes Workers to Dangerous Trench Cave-In Hazards
Proposed penalties total $47,740.
One employee was observed installing a storm sewer system in a trench approximately 10 feet deep. There were three employees on the jobsite. OSHA cited two willful citations for failing to provide cave-in protection and to remove employees from a hazardous trench. OSHA standards require the use of cave-in protection in a trench 5 feet or deeper.
Two serious violations were cited for failing to provide a safe means of egress from the trench and allowing water to accumulate in the trench.
“Unprotected trenches can become gravesites in seconds. Violations of OSHA’s trench protection standards remain a pervasive condition in this industry and it needs to stop,” said Eric Brooks, OSHA’s area director in Bismarck. “H & W Contacting has been cited seven times in the past 10 years for these same violations and that is unacceptable.”
Flink Co. Exposes Workers to Hexavalent Chromium While Cutting Stainless Steel
Flink Co., of Streator, Illinois was found to be exposing workers to dangerous levels of toxic chemicals. On July 23, 2014, an inspection was initiated by the North Aurora Area Office of OSHA after receiving a complaint.
A major source of worker exposure to hexavalent chromium occurs during “hot work” such as welding on stainless steel and other alloy steels containing chromium metal. Workers at Flink Co. were exposed while performing cutting operations on stainless steel.
A total of eight serious violations were cited including failing to protect workers from exposure to hexavalent chromium and train them in the hazards of working with hazardous materials. Proposed fines total $43,120.
“Worker exposure to hexavalent chromium can easily be reduced by installing proper engineering controls, such as ventilation systems, to remove the air containment from areas where employees work,” said Jake Scott, OSHA’s area director in North Aurora. “Proper hygiene, personal protective equipment and safe work practices can further reduce employee exposure.
OSHA Cites BRT Extrusion after Worker was Crushed to Death
A 49-year-old machine operator was fatally crushed while reaching into an extrusion press to remove unprocessed aluminum parts because his employer, BRT Extrusions, Inc., failed to ensure the machine’s power was fully off so that it would not turn on during maintenance, a procedure known as lockout/tagout. An investigation into the August 6, 2014, incident by OSHA resulted in citations for the Niles, Ohio, facility for six serious safety violations for exposing workers to dangerous machinery and other hazards.
“Failure to protect employees from dangerous machinery all too often leads to catastrophic injury or death. These violations are among the most frequently cited by OSHA.”
The investigation found that the press had been placed in automatic mode by a supervisor while the employees working the press took a lunch break. The press was not “locked out” to prevent unintentional cycling of the operating parts. As the machine operator reached into the press, it began a new cycle. The operator was crushed to death.
Machine guards ensure workers are not exposed to dangerous parts moving parts of machinery while working. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.
OSHA proposed penalties of $28,000 for the company, which specializes in the manufacture of aluminum extrusion components and employs about 200 workers.
OSHA, EPA, and Fertilizer Safety and Health Partners Sign Alliance to Protect Workers and First Responders from Hazardous Chemicals
OSHA recently entered into an alliance with the Fertilizer Safety and Health Partners and the EPA to provide safety and health information and training resources to workers, emergency responders, and communities surrounding establishments in the agricultural retail and supply industry.
“Incidents such as the horrific explosion at the West Fertilizer Company in West, Texas, that killed 15 people including emergency response personnel, highlight the hazards in storing and handling ammonium nitrate,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “These tragedies are preventable and this alliance shows that we are working together to address hazards, prevent injuries and save lives.”
The executive order directs the federal government to improve operational coordination with state and local partners; improve federal agency coordination and information sharing; modernize policies, regulations, and standards; and work with stakeholders to identify best practices. In response to the executive order, OSHA committed to forming an alliance with the fertilizer industry, emergency response organizations, and other federal agencies to develop solutions to promote best practices for ammonium nitrate safety.
The alliance emphasizes sharing emergency response information among agricultural business establishments, first responders, and surrounding communities; as well as improving the safety and security of chemical facilities, reducing the risks of hazardous chemicals to workers and communities, educating workers on their rights, and ensuring that employers understand their responsibilities under the Occupational Safety and Health Act.
During the two-year agreement, the alliance will develop outreach materials and case studies on safe storage and handling of fertilizers and best practices for emergency response procedures in the event of releases of ammonia or fires in facilities that store ammonium nitrate. The alliance will also support other OSHA national outreach initiatives, including the prevention of heat illness among outdoor workers, the revised Hazard Communication Standard, and the benefits of establishing a safety and health management system.
The Fertilizer Safety and Health Partners comprise the Agricultural Retailers Association, International Association of Fire Fighters, National Volunteer Fire Council, Fertilizer Institute, and Ammonia Safety Training Institute.
The purpose of each alliance is to develop compliance assistance tools and resources, and to educate workers and employers about their rights and responsibilities. Alliance Program participants do not receive exemptions from OSHA inspections or any other enforcement benefits.
OSHA Forms Alliance with the Louisiana Forestry Association and the Louisiana Logging Council
OSHA signed a two-year alliance on January 23, 2015, with the Louisiana Forestry Association and its logging contractors, the Louisiana Logging Council.
The alliance, which includes some 200 logging employers, will provide safety and health programs to protect Louisiana logging workers from industry hazards such as amputation, sprains and cuts through training and outreach programs.
“When we first started working with the logging industry in the late 1990s, we were seeing more logging fatalities—Louisiana was averaging one every two months. Compare that to last year, when we saw one for the entire year,” said Dorinda Folse, OSHA’s area director in Baton Rouge. “Transitioning to a formal alliance will let us build on the work already being done to reduce deaths, and to work as a group to provide training that helps to keep these loggers safe.”
OSHA Cites Thomas Moore Feed of Navasota, Texas, for 18 Violations
OSHA inspectors found 18 violations and proposed a penalty of $58,100.
The agency’s Houston North Area Office did its inspection in September 2014 following a complaint. OSHA cited Thomas Moore Feed for not protecting workers from a potential dust explosion; allowing openings in the dust collection exhaust path of the hammer mill; failing to keep dust accumulations below 1/8 inch in a priority area; not maintaining a functioning monitoring device on the dust collector or making repairs to the dust collector; and not having an adequate dust emission source.
“Airborne grain dust in the right concentration can become explosive and must be properly controlled by ventilation, proper housekeeping to control dust accumulations and other effective means, which this employer failed to do,” said Josh Flesher, acting area director for OSHA’s Houston North Area Office.
Three other violations involve failing to document forklift training; not identifying names on locks when a crew performs service or maintenance; and not providing information to employees wearing respirators.
ST Feed Mill, doing business as Thomas Moore Feed, specializes in manufacturing animal feed and employs about 35 workers at the Navasota facility.
Explosion at Madden Bolt Kills Worker, Second Employee Death in a Year
A 31-year-old worker was the second person killed in a year at Madden Bolt Corp., when a cutting-table explosion in August 2014 hurled the employee and a steel plate into the air. The plate then landed on the fallen worker, OSHA investigators determined. As a result, OSHA has cited the Houston-based employer for 10 serious violations.
In September 2013, a forklift driver at Madden Bolt died after the machine turned over and pinned him underneath.
The inspection that followed the explosion found serious violations which include failing to: ensure that the air and gas concentration in the cutting table did not accumulate to create an explosion; protect fuel cylinders from damage; place safety guards on band saws and a pipe press that exposed workers to being caught in the machinery; cover live electrical parts on equipment; and outline proper procedures to shut down equipment while performing maintenance.
“When an employee is killed by a preventable workplace hazard, this is no accident. It means the employer failed to protect workers from dangers that can cause injury, illness or, in this case, another needless death,” said Josh Flesher, acting area director for OSHA’s Houston North Area Office.
OSHA has proposed fines totaling $44,800. Madden Bolt specializes in manufacturing bolts, custom steel plate products and assemblies, and employs about 130 workers.
MP Global Products Cited for Amputation, Fire, and Other Safety Violations
After receiving a formal complaint from an employee alleging unsafe working conditions, OSHA’s Omaha Area Office initiated an inspection on August 5, 2014 of MP Global Products’ site at 2500 Hadar Road, in Norfolk, Nebraska. OSHA’s investigation found multiple safety and health hazards at the company which manufactures padding from recycled denim products.
Following the investigation, OSHA proposed a $54,000 fine and cited the company for 11 serious violations including:
- Failing to protect workers from fire, deflagration, and explosion hazards because equipment was not approved for hazardous locations. The company also failed to establish a fire brigade.
- Failing to properly dispose of regulated waste
OSHA also cited four other violations for failing to properly record injuries and illnesses in logs, provide respiratory information and electrical safety hazards.
“MP Global must protect its workers from amputation hazards by installing proper guarding which prevents workers from coming in contact with moving machine parts,” said Bonita Winingham, OSHA’s area director in Omaha. “Comprehensive employer safety and health programs must include employee training on known workplace hazards.”
Harbor Wholesale Foods Earns Safety Recognition
Harbor Wholesale Foods in Roseburg, Oregon is the latest employer to be welcomed into Oregon OSHA’s Safety and Health Achievement Recognition Program (SHARP).
SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and continuously improve. The ultimate goal of SHARP is to encourage employers to become self-sufficient in managing workplace safety and health issues. Currently, about 35 employer locations are active SHARP employers, in addition to approximately 136 facilities that have graduated from the program.
Harbor Wholesale Foods is a distributor for grocery and foodservice products with locations in Roseburg, Oregon, and Lacey, Washington. The company employs 67 people at its Roseburg location.
“The SHARP program has given our company a framework to help us live our company value of safety throughout our daily operations,” said Justin Erickson, CEO of Harbor Wholesale Foods. “We pride ourselves on being a family company and workplace where our people come first. Keeping our family of employees safe is our top priority. Our team has taken ownership of the SHARP program and encourages all of our team members to consider safety in everything we do.”
Participation in SHARP does not eliminate regulatory enforcement, although SHARP participants do receive a limited exemption from programmed inspections. Employees retain all workplace safety and health rights contained in the Oregon Safe Employment Act. Oregon employers that have been in business for more than one year are eligible to apply for SHARP regardless of size or type of business.
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