A federal court has ordered that Mike Neri Sewer and Water Contractor of Elk Grove Village no longer engage in trenching, excavation, construction or related work after repeatedly exposing employees to trenching hazards, the US Department of Labor announced. The US Court of Appeals for the 7th Circuit issued the order, which also permits the secretary to pursue a collection action against Mr. Neri to recover the $110,440 in penalties.
“The court has sent a clear message that Mike Neri, like all businesses, has a legal and moral responsibility to protect workers on the job,” said Nick Walters, regional administrator for OSHA in Chicago. “OSHA will pursue all avenues to ensure employers, such as Neri, who are recalcitrant and continue to violate safety standards, learn that the law will be upheld.”
The department pursued coercive sanctions through the courts out of concern that Neri continued to violate OSHA trenching standards. After failing to comply with the court enforcement order, Neri was held in federal jail for 23 days in December 2014. He was released on December 24, 2014, after posting a $10,000 recognizance bond. The court order and agreement vacates this bond.
The April 2013 penalties were issued by OSHA for exposing workers to trenching hazards on a job site in Des Plaines on October 3 and October 11, 2012. OSHA also cited the company for trenching hazards in 2009 and 2011.
During the inspections, Neri was uncooperative with inspectors and refused to acknowledge trenching violations had occurred, even when shown photographic evidence to the contrary. Neri has not paid the penalties assessed by OSHA in any of the inspections.
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.
Jacksonville RCRA and DOT Training
San Antonio RCRA and DOT Training
New Orleans RCRA and DOT Training
Safety Awareness Campaign for Roofers
Cal/OSHA recently launched a safety awareness campaign for roofers, where the workplace incidence of serious injuries and fatalities is higher compared to other industries.
“Roofing operations are inherently risky and worker safety is paramount. Employers must have strong safety programs in place that include appropriate equipment and training to prevent injuries on the job,” said Christine Baker, Director of the Department of Industrial Relations, which oversees Cal/OSHA.
Between 2012 and 2014, Cal/OSHA conducted 126 investigations of roofing operations where an accident occurred. A full three out of four of those accidents occurred at roofing operations that were found to be in violation of state safety regulations.
Falls are the leading cause of death and serious injury for roofing workers. Most falls can be avoided by following safety regulations. For example, on December 27, 2013, West Coast Roofing employee Leopoldo Retana fell 36 feet to his death at a job site in Ventura. Investigators found Mr. Retana had not been wearing fall protection equipment or a positioning system. West Coast Roofing was cited $22,360 for 10 violations, including two serious in nature. Serious violations are those where death or serious physical harm could result from a hazard created by the violation.
Another tragic and preventable case occurred earlier that year on June 13, 2013, when Midwest Roofing & Solar employee Ernesto Rosales fell approximately 17 feet from the unprotected edge of an apartment building roof in Pico Rivera. Mr. Rosales died five days after the accident. Cal/OSHA cited Midwest Roofing & Solar $39,600 for five serious violations.
Cal/OSHA’s “Roofing Maximum Enforcement Program,” taking place from March 1 through November 1, calls for targeted inspections of roofing operations across the state. This program will help ensure employers provide the necessary training and safety equipment to protect their workers on the job.
“Cal/OSHA inspectors will carefully review safety measures at roofing operations and address safety issues they encounter,” said Cal/OSHA Chief Juliann Sum. “Our goal is to raise awareness for on-the-job safety in the roofing industry so that hazards are identified and corrected.”
Fall protection is among the items Cal/OSHA inspectors will be reviewing at the site visits, from railings on buildings to personal devices such as hooks that attach to vests. Inspectors will verify that workers have safe access to rooftops and are protected from electrocution hazards posed by overhead power lines. Also, inspectors will review employers’ heat illness prevention program at roofing operations where reflected surfaces can increase the heat factor of the climate.
If inspectors find a lack of protection or a serious hazard, they can issue a stop order at the site until the hazards are corrected. Employers who fail to comply with Cal/OSHA safety regulations will be cited and ordered to correct the violations.
Cal/OSHA, an active partner in the Labor Enforcement Task Force (LETF), also works collaboratively on the Roofing Compliance Working Group. The multi-agency coalition includes LETF enforcement agencies, local district attorneys’ offices, roofing contractors and labor groups. It helps to hold accountable those employers who fail to comply with safety regulations, cheat workers on earnings, fail to carry workers’ compensation insurance, or fail to pay state payroll taxes.
Learn more about this program by calling 800-963-9424.
JC Stucco and Stone Inc. Continues to Expose Workers to Dangerous Falls
Imagine working three-and-a-half stories off the ground with no fall protection and on unsafe scaffolding that could easily topple with one strong wind gust. This reality was frighteningly familiar for employees of JC Stucco and Stone, Inc., a Lansdowne masonry contractor, until OSHA inspectors responded to a tip in October 2014 from a passer-by. OSHA officials then saw for themselves how workers were again being exposed to fall, scaffolding, and other safety hazards by their employer.
Since then, the employer has received 41 citations related to scaffolding. For its latest set of violations, the company received three willful violations with proposed fines of $181,500.
“A fall from 35 feet would result in death or permanent disability. Employers can protect their workers by providing basic safeguards, but JC Stucco and Stone’s repeated failure to do so demonstrates a total disregard for federal law and worker safety,” said Nicholas DeJesse, director of OSHA’s Philadelphia Area Office. “Workers shouldn’t have to risk their lives for the sake of a paycheck.”
In the October inspection, the contractor had lack of fall protection for employees working at a height of up to 35 feet; provided inadequate access to working levels on scaffolding; and had no braces to prevent scaffolding from tipping or collapsing. The incident occurred at 15th and Master Streets in Philadelphia, where employees were applying a stucco exterior to new residential housing.
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.
Eleven of these 13 fatalities were a result of falls to a lower level. Philadelphia’s share of total fatalities due to falls, slips, or trips ranked fifth highest of the 10 largest metropolitan areas.
OSHA Says Jasper Contractors Continues to Put Roofing Workers’ Lives in Jeopardy
Since 2013, 294 workers have been killed by falls: a deadly fact that one roofing contractor appears willing to ignore as it was found putting the safety of its employees at risk by OSHA inspectors once again.
In its two most recent inspections in August and December 2014, workers of Jasper Contractors were seen atop roofs at job sites on Heather Grove Lane in Jacksonville and Shelley Drive in Green Cove Springs without fall protection by OSHA inspectors. Proposed penalties total $186,200.
“Jasper Contractors has violated fall protection and safe ladder usage rules numerous times, yet we still find workers exposed to preventable danger,” said Brian Sturtecky, OSHA’s area director in Jacksonville. “We will continue to cite violations and issue penalties when employers fail in their responsibility to protect workers.” Since 2009, the company has been inspected by OSHA 13 times and received multiple citations for repeated and serious violations of residential fall protection standards.
Headquartered in Baton Rouge, Louisiana, Jasper Contractors is a nationwide contractor that specializes in residential, commercial, and metal roofing. The company employs approximately 74 workers nationwide.
Falls are a leading cause of death for those in the trade. This tragedy is compounded by the fact that many fatal falls could have been prevented with proper safety protections. Repeated violations were issued for not ensuring that workers on the ground wore head protection while cleaning up roofing debris thrown off the roof; not wearing eye protection, which exposed employees to eye injuries from flying debris or nails; and allowing workers to climb a 24-foot ladder while carrying a load in their hands, exposing them to fall hazards. A repeated violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule, or order at any facility in federal enforcement states within the last five years.
Two serious violations also were cited for failing to extend the ladder at least 3 feet above the upper landing surface and placing a ladder at an unsafe angle. Both violations exposed workers to fall hazards. 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 page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures.
Trench Collapse Buries and Kills Day Laborer
If his employer had protected him properly as he worked in a 12-foot-deep trench to connect a new home’s plumbing to the main sewer line, 31-year-old LeDonte McCruter could have returned home at day’s end to spend time with the young nieces and nephews he adored. Instead, a kind man known for his quick smile died at a Birmingham work site when the trench around him collapsed and buried him alive on Aug. 31, 2014.
Rescue workers tried for more than six hours to save McCruter, a day laborer. OSHA investigators responded to the scene at 1416 24th Street in Birmingham and found that subcontractor Joshua Dailey, who hired McCruter, did not provide cave-in protection to prevent the trench collapse. OSHA deemed Dailey responsible for one willful and one serious safety violation. The site’s general contractor, Otis Bates and Bates Construction, also faces one serious safety violation.
“Mr. McCruter’s employers knew they were placing him in mortal danger by not using cave-in protection, yet they allowed him to work in the trench,” said Ramona Morris, director of OSHA’s Birmingham Area Office. “His family is grieving the death of a loved one because his employer willfully failed to protect him from this known hazard.” A willful citation was issued to Dailey for not providing cave-in protection to employees working in a trench. Dailey was also cited for not notifying OSHA of the fatality. OSHA requires that all trenches and excavation sites at a depth of 5 feet or more be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle, or by using a protective trench box.
Bates Construction received a serious citation for failure to provide cave-in protection to employees working in a trench.
The initiative includes outreach, training, and enforcement to ensure that temporary workers are protected on the job.
Blast Badly Injures 2 at Chicago Heights, Illinois, Manufacturing Plant
After learning of the September 4, 2014, incident, OSHA investigators inspected the Chicago Heights facility and identified six willful, one repeated, and four serious safety violations. Proposed penalties total $110,000.
“Two employees in their prime work years have suffered severe and painful injuries that keep them from their livelihood because Polychem Services ignored worker safety,” said Kathy Webb, OSHA’s area director in Calumet City. “Lack of training, combined with using a forklift not approved for this environment, proved an explosive combination. When you operate a plant producing flammable materials and byproducts, worker protection must be job one.”
Both employees were assigned to the plant by Crown Services, Inc., a temporary service employer. The 34-year-old worker, who had been employed at the facility for about six weeks, was hospitalized for six days. The 35-year-old worker, at the plant for about 11 months, was hospitalized for one day. Crown Services was not cited because it did not oversee or direct work at the site.
OSHA’s investigation found that Polychem Services willfully failed to provide a suitable industrial vehicle for use in a hazardous location; did not train workers about hazardous workplace materials, and lacked adequate drenching facilities for workers exposed to corrosive chemicals. Polychem Services was cited for this violation after a worker suffered second-degree burns at the facility in November 2010.
Worker’s Death in Scrap Metal Baler Could Have Been Prevented – OSHA Finds Serious Safety Violations at Atlas Metal & Iron Corp.
The death of a 52-year-old man, killed when a scrap metal baler started while he worked inside, could have been averted if his employer, Atlas Metal & Iron Corp., had made sure the machine was shut down properly, OSHA has determined. After a September 2014 inspection that followed the incident, OSHA investigators found 12 safety violations at the Denver-based scrap-processing facility.
“Enclosed machinery and unprotected moving parts can be fatal,” said Herb Gibson, OSHA’s area director in Denver. “If Atlas Metal & Iron Corp. had followed simple, well-known safety practices for turning off machinery before allowing employees to work inside, this tragic incident could have been prevented.”
Failing to lockout the energized baling machine and assess the permit-required confined space properly are two of the violations that led to the fatality. There were nine additional serious violations, including lack of proper equipment access; combustible dust accumulations; missing guardrails on working surfaces; and inadequate machine guarding. Other serious violations were a lack of engineering controls for noise exposure; lack of appropriate eye protection for cutting operations; airborne exposure to total dust above permissible limits; and deficiencies in the respiratory protection program.
One other violation was issued for failing to provide a proper respirator. Penalties total $58,410.
Worker Fatally Pinned by Forklift at Menards Warehouse
OSHA’s investigation found the forklift operator placed a load of trusses in one location of the warehouse and was traveling to another area when the forklift veered towards a rack system and the forklift operator became pinned suffering fatal injuries.
Menards, Inc. operates as Midwest Manufacturing and employs about 315 workers at the facility located at 4777 Menard Drive, Eau Claire, Wisconsin. Menards has about 13,000 employees nation-wide.
OSHA has a regional outreach initiative in Missouri, Kansas, and Nebraska to educate workers and their employers to prevent struck-by incidents, which can involve a vehicle such as a powered industrial truck striking an employee, or an employee pinned between the vehicle and a stationary object.
“This preventable tragedy demonstrates how quickly a routine workday can turn deadly,” said Bonita Winingham, OSHA’s area director in Omaha. “Employers must educate and train forklift operators and others working in warehouses to remove debris and other material from the path of forklifts. Struck-by hazards can come from above and below forklifts as well as from material storage racks and items being moved in the facility.”
U.S. Minerals Fined Over $113,000 for Repeatedly Exposing Workers to Dangerous Machinery, Falls, and Chemical Hazards
U.S. Minerals received four repeated, three serious and two other-than-serious violations at the coal slag facility and faces proposed penalties of $113,300.
“U.S. Minerals continues to demonstrate that the safety and health of its workers is not a corporate priority,” said Mark Hysell, area director of OSHA’s Eau Claire office. “This inspection demonstrates that the company has failed to meet the goals outlined in the 2012 agreement. This is a disheartening setback for worker safety at this company.”
Workers were also expected to unclog a chute at a height of about 25 feet without adequate fall protection systems in place. This inspection resulted in four repeated violations. Fall and machine hazards are the most frequently cited OSHA standards.
Employees were not trained on hazardous chemicals in their workplace and their potential health effects, and protective measures to be taken to avoid overexposure. U.S. Minerals also failed to develop procedures for summoning rescue and emergency services and used fiberglass self-supporting ladders inappropriately.
A total of three serious violations were issued.
OSHA inspectors also noted exits were blocked by large pallets of materials and powered industrial trucks were left unattended while being filled with materials, exposing workers to struck-by hazards. Two other-than-serious violations were issued.
Headquartered in Dyer, Indiana, U.S. Minerals manufactures abrasive blasting and roofing materials from slag produced at coal-fired power plants. The company has been inspected by OSHA 18 times since 1983, resulting in the issuance of multiple safety and health violations, including 43 citations for exposing workers to dangerous machine hazards and lockout/tagout deficiencies.
Idaho Falls School District Employee Fired for Raising Concerns about Asbestos Removal
When an employee raises concerns about the dangers of asbestos in a school, you would expect them to be commended and not terminated. After questioning whether the timeline of a construction project at a school in Idaho Falls School District 91 allowed for safe removal of asbestos, a district employee was out of a job. Now, OSHA has stepped in to protect that worker’s rights.
The department has filed suit against the Idaho Falls School District, alleging that the 2011 dismissal violated the whistleblower provisions of federal asbestos worker protection law. Filed in the US District Court in Idaho, the complaint seeks the employee’s reinstatement and back pay with interest and other damages of more than $300,000. The suit also seeks an order permanently preventing Idaho Falls School District 91 from violating the anti-retaliation provisions of the Asbestos Hazard Emergency Response Act.
“Protecting children, teachers, and others who care for them at school should be appreciated, not condemned for any reason. The employee who raised safety concerns in this case did a service to the school and the community,” said Galen Blanton, deputy regional administrator in Seattle. “Employees have the legal right to raise concerns about safety, health, and environmental hazards in the workplace without the fear of reprisal.”
The former employee believed the project’s timeline would almost certainly have required asbestos removal. Their concern was that the schedule would not allow enough time to follow regulations for asbestos removal and that accidental release of dangerous asbestos fibers might occur. After voicing the concern, the suit alleges, the employee’s supervisor reacted in a hostile manner toward the employee before he was fired.
Bronx Hair Salon Fired Employee Who Warned Co-Workers of Formaldehyde Hazards
Her employer responded by firing her.
As a result, the US Department of Labor is suing the business and its owner, Kristina Veljovic, for discrimination, and seeking redress and compensation for the worker who exercised her rights under the Occupational Safety and Health Act.
“This firing was illegal and inexcusable,” said Robert Kulick, regional administrator in New York for the Labor Department’s Occupational Safety and Health Administration. “It’s against the law to fire or otherwise retaliate against an employee for informing colleagues about possible health hazards in their place of employment. Such behavior not only intimidates workers, it also can deny them access to knowledge that will protect them against workplace hazards.”
The suit filed in the US District Court for the Southern District of New York says the worker began to experience respiratory distress in December 2011, including difficulty breathing and an impaired sense of smell. She sought medical attention on multiple occasions over the next several months. During this period, she also told her employer that she believed the salon’s hair-straightening products, which contain formaldehyde, were causing her health problems.
Two days later, Kristina Veljovic terminated her employment. In July 2012, a physician confirmed that the worker’s respiratory distress resulted from her formaldehyde exposure at work. She subsequently filed an antidiscrimination complaint with OSHA, which investigated and found merit to her complaint.
“No employee should be fired for raising awareness of a potential workplace health hazard,” said Jeffrey Rogoff, the regional Solicitor of Labor in New York. “Under the Occupational Safety and Health Act, the Labor Department has the authority to file suit against employers who retaliate against employees and it will do so when the case warrants. This is clearly one of those cases.”
The department’s lawsuit asks the court to affirm the discrimination charge and permanently prohibit the defendants from illegally retaliating against employees in the future. It also seeks payment of lost wages as well as compensatory, punitive, and emotional distress damages to the employee, an offer of reinstatement with full benefits and seniority and the removal of all references to the matter in the worker’s employment records. It would also require the employer to prominently post a notice that she will not discriminate against employees.
In a related action, OSHA’s Tarrytown Area Office conducted an inspection of Salon Zoe and cited the company in December 2012 for lack of a chemical hazard communication program and for not providing the salon’s employees with information and training on formaldehyde and other hazardous chemicals.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government.
Affordable Exteriors Fails to Protect Workers from Falls, Fined $75,240
In 2013, there were 294 fall fatalities of the 796 total fatalities in the construction industry. Falls remain the leading cause of death in this industry. About half of America’s 1.6 million construction employees work in residential construction.
OSHA’s investigation found three employees installing rafters, and two installing roof sheathing, on a residential home under construction in Elkhorn. All five employees were observed to be working more than 12 feet off the ground without adequate fall protection.
OSHA cited two willful violations for exposing workers to fall hazards because the company failed to provide fall protection and train workers on the use of and requirement for fall protection equipment. One repeated violation was issued for not securing elevated platforms to the rough terrain forklift on the site. The company was previously cited for this violation in May 2013 at a jobsite in Omaha. Three serious violations involved exposing workers to falls from unprotected sides and edges, improper use of ladders and not training workers on ladder safety. An OSHA violation is serious if death or serious physical harm can result from a hazard an employer knew or should have known exist. Proposed penalties total $75,240.
“With everything we know about how to work safely, it’s troubling to see how many workers are still injured every year in the construction trades, and particularly from falls,” said Bonita Winingham, OSHA’s area director in Omaha. “By refusing to correct these dangerous problems, Affordable Exteriors continues to expose employees to serious—and preventable—physical harm, and this is unacceptable.”
The page offers fact sheets, posters, and videos that vividly illustrate various fall hazards and appropriate preventive measures. OSHA standards require that an effective form of fall protection be in use when workers perform construction activities 6 feet or more above the next lower level.
Seldat Distribution Inc. Fined $63,000 for 10 Serious Safety Violations
OSHA initiated an investigation of Seldat Distribution, Inc., in Dayton, New Jersey, on September 11, 2014, in response to a referral from the South Brunswick Fire Marshall reporting that an employee was electrocuted by an improperly wired, powered conveyer system.
- Improper installation and use of listed equipment
- Wiring not protected from abrasions
- Not closing unused openings in electrical panels
- Using flexible cords and cables in lieu of fixed wiring
- No strain relief for cords and cables
Additionally, OSHA inspectors identified inappropriately narrow, blocked exit routes; obstructed aisles and passageways; unmounted fire extinguishers whose locations were not properly marked; and unstable storage of materials and products.
“Electrical hazards are one of the most common issues impacting workers, and the dangers involved are hardly a secret to employers. This was a preventable tragedy,” said Patricia Jones, director of OSHA’s Avenel Area Office. “For the safety and well-being of their employees, Seldat Distribution must supply and ensure the use of proper safeguards and safety exits at its distribution warehouse.”
Proposed penalties total $63,000.
Core-Mark International Must Reinstate, Pay More than $230K to Employee Fired for Voicing Driver Safety Concerns
An employee who raised concerns that a truck driver employed by Core-Mark International of Phoenix, Arizona, had exceeded the legally allowed maximum number of driving hours must be reinstated immediately and paid more than $230,000 in back wages and compensatory damages, OSHA has ordered.
OSHA found that Core-Mark’s owners violated the Surface Transportation Assistance Act’s whistleblower provisions when they terminated the employee after he went outside his chain of command in 2011 to report that one of the company’s drivers had exceeded maximum driving hours set by the US Department of Transportation’s Federal Motor Carrier Safety Administration. The employee was responsible for routing, dispatching, and managing driver performance.
“An employee’s right to report safety concerns without fear of reprisal contributes to maintaining a safe and healthy workplace for all workers,” said Barbara Goto, acting OSHA regional administrator in San Francisco. “Employers need to recognize that employees can report safety issues outside of their immediate departments and still be protected from retaliation.”
Core-Mark is based in Tolleson and delivers goods to Circle K stores in Arizona and Nevada. The company has filed an objection and requested a hearing before a US Department of Labor Administrative Law Judge.
OSHA Cites Toledo Refining Company LLC Following Fire
On September 2, 2014, OSHA’s Toledo Area Office initiated an inspection of the Toledo Refining Company, LLC, a petroleum refinery, after a fire occurred in a heater at the facility, used to process crude oil. The refinery sustained some minor damage but no injuries were reported.
One repeated violation was issued because operating procedures did not specify the consequences of deviating from established policies or detail safety and health hazards encountered during the operation of equipment in the facility. The company had revised its procedures and failed to test them through a required review and implementation processes. This resulted in deficiencies that contributed to the fire. The company was previously cited for this violation in 2013 at this same facility.
The company also failed to involve employee representatives in developing shutdown procedures for the process heater. Additionally, the company did not follow management of change procedures when revising its operating procedures for process equipment, such as for removing steam from the heater, resulting in three serious violations.
“Working with highly hazardous products carries with it the responsibility to ensure employees are well versed in operating procedures as well as steps to take to immediately correct unforeseen issues safely,” said Kim Nelson, OSHA’s area director in Toledo. “By failing to establish such procedures, Toledo Refining Company put workers at risk when such issues resulted in a flash fire. The company must immediately review its procedures and training to prevent such incidents in the future.”
Proposed penalties total $59,500.
Untrained Worker Suffers Fatal Electrocution at H.M. Richards Inc.
Raymond Marvin Reece was a husband and father who enjoyed pleasures like family boating trips, camping, and stock-car racing. Tragically, the 46-year-old maintenance worker at H.M. Richards, Inc., was fatally electrocuted on October 1, 2014, as he disconnected wiring on a saw at the company’s temporary facility on Towery Road in Guntown.
Investigators from OSHA who responded to the scene after his death found the furniture upholstery manufacturer violated nine safety standards, of which one could have prevented the tragedy. Among the violations was H.M. Richards’ failure to provide electrical safety training to Reece, as required. If they had, Reece would have known the equipment he worked with was still “live” and contained enough electricity to kill him.
“Regrettably, a spouse and two children are left without a husband, father and the support he provided to make ends meet because H.M. Richards failed to train or qualify Mr. Reece in the duties he was assigned according to OSHA standards,” said Eugene Stewart, OSHA’s area director in Jackson.
OSHA issued a citation for not marking circuit breakers to indicate what they control in the circuit-breaker box. The agency cited H.M. Richards in May 2011 for this same violation.
Another violation was cited for allowing damaged wiring on a fan.
Founded in 1997, H.M. Richards employs approximately 900 workers at its Guntown facility and faces $55,100 in proposed penalties.
D&J Enterprises Inc. Exposes Workers to Cave-In Hazards
OSHA initiated an inspection of D&J Enterprises in Opelika, Alabama, on January 14, 2015, as part of the agency’s National Emphasis Program on Trenching and Excavation.
OSHA requires that all trenches and excavation sites 5-feet or deeper be protected against sidewall collapses. Protection may be provided through shoring of trench walls, sloping of the soil at a shallow angle, or by using a protective trench box.
“D&J Enterprises’ management recognized that there was a possible cave-in hazard and had the means to correct the hazard, yet opted to provide no protection for employees in the excavation,” said Joseph Roesler, OSHA’s area director in Mobile. “There is no excuse for an employer to put their employees in unprotected trenches and excavations. The technology and training have been available for employers for decades.”
Oregon OSHA Cites Portland Bakery for Willful Safety Violations
The Oregon Occupational Safety and Health Division (Oregon OSHA) has fined Portland Specialty Baking, LLC, $28,125 for a grouped willful violation after a worker’s hand was crushed in a dough chunker machine. Although treated as a single violation for penalty purposes, a grouped violation indicates that the employer conduct being cited violates more than one code. The citation was the result of an inspection on October 7, 2014, at the Portland commercial bakery.
The worker was operating a machine that cuts dough into smaller pieces when the accident occurred. When dough became jammed in the machine, the worker placed a piece of dough over the sensor, lifted the machine guard, and reached into the running machine.
The Oregon OSHA investigation found the bakery had a history of similar injuries. On July 3, 2014, a worker received a serious laceration to his middle finger (and lost a fingernail) when he reached into the bagel dough divider to remove dough trimmings. On July 16, 2014, another employee suffered lacerations and a fractured hand after reaching into the same machine to remove trimmings. In 2008, an employee also suffered a crushed hand when reaching into the dough chunker machine.
“Despite the pattern of injuries, this employer continued to ignore the rules that could prevent them, with what certainly was a careless disregard for worker safety,” said Oregon OSHA Administrator Michael Wood. “It might even be described as reckless.”
Oregon OSHA cited the bakery for not providing adequate training to workers, many of whom were not native English speakers. Employee interviews revealed workers did not understand how to safely operate the machinery and were bypassing machine guarding. A willful violation exists when an employer intentionally or knowingly allows a violation to occur.
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