U.S. DOL REPORTS DUCT MANUFACTURER FACES FINES RELATED TO DOZENS OF WORKER INJURIES

FROM:  U.S. LABOR DEPARTMENT 

Pennsylvania duct manufacturer faces more than $1M in fines as workers

suffer dozens of injuries, including crushed and amputated fingers

Lloyd Industries Inc., named severe safety violator, defies federal safety inspectors

MONTGOMERYVILLE, Pa. — Lloyd Industries Inc. manufacturers the ventilation, duct and fire safety products used at places like New York's Chrysler Building, Philadelphia International Airport, and the stadiums the New York Yankees and Baltimore Ravens call home.

In the last 15 years, the people who work for this southeastern Pennsylvania manufacturer have been left to worry about returning home with a workplace injury as Lloyd Industries 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.

Despite numerous federal inspections, warnings, fines and promises to stop putting workers at risk, the company's repeated failure to keep its employees safe has resulted in approximately 40 serious injuries since 2000. These injuries include serious lacerations as well as crushed, fractured, dislocated and amputated fingers.

After an inspection prompted by a gruesome injury in July 2014, the U.S. Department of Labor's Occupational Safety and Health Administration levied $822,000 in fines against Lloyd Industries Inc. bringing the company's total OSHA fines to more than $1 million since 2000. OSHA has also placed the company in its Severe Violator Enforcement Program.

"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."

In the July incident, the die on a press brake machine dropped on a worker's right hand, resulting in the amputation of three fingers. The machine lacked required safety guards and had not worked properly before the incident — a fact of which the owner was aware.

Since 2000, William Lloyd has shown a pattern of defiance toward OSHA safety standards: Inspectors find violations, including the absence of safety guards to prevent serious injuries from moving machine parts. Lloyd then agrees to correct the hazardous conditions and accepts OSHA penalties, but similar violations are found when the inspectors return. In one instance, OSHA officials were forced to summon U.S. federal marshals to gain entrance to the plant when Lloyd refused to admit them, even after they obtained a warrant.

During one inspection, Lloyd complained to OSHA inspectors that the machine guards that protected his employees slowed production. He also made a conscious decision in 2013 to stop an audiometric testing program required to prevent employee hearing loss, OSHA found. The testing only resumed in December 2014, after OSHA's investigation.

In its latest inspection OSHA issued 10 willful violations based on the company's repeated failure to guard machines, and to provide annual audiometric tests. Additionally, the company was cited for three willful, four serious, and seven other-than-serious violations for electrical hazards, noise protection, and recordkeeping violations. Read the citations, here and here.

Incorporated in 1981, Lloyd Industries Inc. manufactures fire and smoke dampers. It employs approximately 70 workers at its Montgomeryville site and 25 employees at a second location in Orange Park, Florida. The firm's workers' compensation insurer is AmeriHealth Casualty Services in Philadelphia. The company has 15 business days from receipt of its 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.

Each year, more than 200,000 American workers suffer cuts, lacerations and amputations from operating parts of dangerous machinery. Investigators often find various upsetters, power press brakes and forging machines used in the plant lack adequate safety mechanisms. Machine hazards continue to be among the most frequently cited by OSHA.

RINGLING BROS. SETTLES WITH DOL RELATED TO FALL INCIDENT INVOLVING 9 EMPLOYEES

FROM:  U.S. DEPARTMENT OF LABOR 

Ringling Bros. to enhance safety for all aerial acts after settlement agreement

9 employees injured in May 2014 fall in Providence, Rhode Island

BOSTON — Ringling Bros. and Barnum & Bailey Circus, will implement ongoing safety enhancements in aerial acts to protect employees against injuries like those sustained by its aerialists during a May 4, 2014, performance in Providence, Rhode Island. Feld Entertainment Inc., headquartered in Palmetto, Florida, owns the circus.

The proactive measures are part of a settlement agreement with the U.S. Department of Labor concerning a citation issued to the circus by the department's Occupational Safety and Health Administration in connection with a 2014 incident in which eight employees were badly hurt. They were performing an act called a "Hair Hang" when the carabiner used to support them failed and they fell more than 15 feet to the ground. The aerialists, along with a ninth employee who was struck by the falling workers, sustained serious injuries.
OSHA's inspection determined that the carabiner used to lift performers was not loaded according to manufacturer's instructions. The agency cited the circus for one serious violation of occupational safety standards and proposed the maximum fine of $7,000. The circus initially contested its citation and penalties to the independent Occupational Safety and Health Review Commission.

"This agreement goes beyond this one case. It commits Ringling Bros. to continual, effective and detailed corrective action that will address and enhance safety for all its aerial acts, so that catastrophic incidents, such as the Providence fall and the needless worker injuries that resulted, never happen again," said Patrick Griffin, OSHA's area director in Rhode Island.

"We sought and achieved a settlement that will maximize safety for the circus' employees and minimize the possibility of future falls and injuries. It's incumbent upon the circus to follow through on its pledge with a thorough, effective, proactive and continuous safety program," said Michael Felsen, the department's regional solicitor of labor for New England.

Under the settlement, the circus agrees to take the following actions on an ongoing basis:

All new and existing aerial acts will be reviewed by a registered professional engineer.

For each act, assemble and provide to each circus unit a technical book.
Develop a written checklist for equipment and hardware inspections for each act.
Each circus unit will conduct an annual safety day that will address employee safety topics.

The circus will also pay the full OSHA fine and submit documentation that the hazard has been corrected and preventive measures put in place. The settlement will become a final order of the Occupational Safety and Health Review Commission on May 13, 2015.

The Providence Area Office conducted the OSHA investigation. Senior trial attorney Carol J. Swetow of the department's regional Office of the Solicitor in Boston litigated the case for OSHA.

COMPANY TO PAY $197,000 PENALTIES, AGREES TO MAKE HEALTH AND SAFETY IMPROVEMENTS

FROM:  U.S. LABOR DEPARTMENT 

Food warehouse avoids potential for catastrophic incident

OSHA says Unicold Corp. put workers at risk in ‘death trap’

HONOLULU — After two years of litigation to correct dozens of hazards that might have had catastrophic effects on its workers and the surrounding community, Unicold Corp. has agreed to make health and safety improvements at its refrigerated food warehouse in Honolulu. The company will also end its fight against $197,000 in penalties assessed in 2013 by the U.S. Department of Labor's Occupational Safety and Health Administration.

A joint inspection by OSHA and Hawaii's Department of Labor and Industrial Relations, Occupational Safety and Health Division found nearly every emergency exit door or route locked, sealed shut, blocked or impossible to use. OSHA found that the violations were a willful disregard of employee safety. Inspectors also identified hazards related to Unicold's use of ammonia as a refrigerant. In all, OSHA identified dozens of violations in February 2013.

"Unicold's use of toxic chemicals such as ammonia created hazards, and also placed workers in danger by blocking virtually every emergency exit to gain additional storage space," said Barbara Goto, acting OSHA regional administrator in San Francisco. "This could have had devastating consequences in a building evacuation, which was a possibility."

Anhydrous ammonia is used as a refrigerant at industrial facilities or warehouses and to produce agricultural fertilizer. A dangerous and corrosive compound, ammonia exposure even in small amounts can cause the eyes, nose and throat to burn. It can also lead to corneal burns or blindness and can cause immediate death.

After Unicold contested the citations, OSHA took all the actions necessary to force the warehouse operator to remedy the serious violations it found. Its pursuit included two years of court filings before the company agreed to make changes and accept its financial penalties.

"The department will not allow Unicold or other employers to allow dangerous conditions that put workers in a potential death trap," said Janet Herold, the department's regional solicitor in San Francisco. "Luck is the only reason that we are not investigating a multi-fatality disaster here. The agency will spend time and resources to protect workers and prevent the intolerable and unacceptable from happening."

OSHA BLAMES U.S. STEEL CORPORATION'S SHORTCUTS FOR DEATHS OF 2 WORKERS

FROM: U.S. LABOR DEPARTMENT

OSHA News Release: [03/24/2015]

Contact Name: Lindsay Williams or Michael D'Aquino

Phone Number: (678) 237-0630

Email: williams.lindsay.l@dol.gov or D'Aquino.Michael@dol.gov 

Release Number: 15-0459-ATL

US Steel Corp.'s safety shortcuts lead to fatal explosion

Time and cost concerns blamed in 2 worker deaths and serious burns to another
FAIRFIELD, Ala. — Like most of us, Leo Bridges and Edward Bryant left for work one day in September 2014, probably thinking about some rest and relaxation when the shift ended. Like many, they figured their managers and employer would ensure they were safe at work. Bridges and Bryant were wrong; they were caught in a fiery explosion in the Flux Building, which U.S. Department of Labor Occupational Safety and Health Administration inspectors said occurred because U.S. Steel Corp. put workers at risk, so as not to slow production at its Fairfield facility.

The three men were opening and closing a malfunctioning valve on a furnace at the Fairfield Works when it erupted, and sent Bridges, Bryant and a third co-worker to the hospital. Bridges, 61, and Bryant, 53, died later due to their injuries. The third man was rushed to a burn trauma unit in critical condition. Fairfield Works is comprised of both steelmaking and finishing facilities. The company has headquarters in Pittsburgh and employs more than 40,000 workers.
"Management knew that attempting to clear the clogged valve while the furnace was still running placed workers at risk, yet they allowed them to do it because they didn't want the production line down for hours," said Ramona Morris, OSHA's area director in Birmingham.

OSHA inspectors determined that the explosion was caused by opening and closing a high-pressure valve that contained oxygen and hydrated lime. The men were doing the work while the furnace was operating, as directed by the department's management.

"Management knew that attempting to operate the valve while the furnace was still running placed workers at risk, yet they allowed them to do it because they didn't want the production line down for hours," said Ramona Morris, OSHA's area director in Birmingham. "This employer chose productivity over the safety of its workers, and two people died as a result of this decision."

OSHA issued the employer a willful citation for not developing and using a procedure to control the hazardous energy to allow workers to operate the valves on the furnace while it is in operation. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to worker safety and health.

Seven serious citations were issued for not developing a procedure to prevent the furnace from releasing hazardous energy while workers performed maintenance; missing exit signs; an improperly installed exit gate; and not training workers to recognize hazardous conditions with the oxygen system. 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.

RETAILER FACES OSHA FINES FOR VIOLATIONS INCLUDING BLOCKED EXITS

FROM:  U.S. LABOR DEPARTMENT

Dollar General store allows blocked and locked exits, fire and other hazards, faces more than $83K in fines for repeated safety violations
Discount chain retailer has history of OSHA violations

BOWDON, Ga. — Dollar General Corp. has been cited again by the U.S. Department of Labor's Occupational Safety and Health Administration, this time for four repeated safety violations found in a December 2014 inspection of the Bowdon store at 203 Wedowee St. OSHA initiated the inspection after receiving a complaint and has proposed penalties of $83,050.

Dollar General stores around the country have received more than 40 citations after more than 70 OSHA inspections since 2009. The violations typically found include blocked exits and electrical panels and improperly maintained fire extinguishers.

"Dollar General has been repeatedly cited for blocked exits and electrical panels in stores around the country, but we continue to find these hazards. This appears to be an example of a corporation not sharing safety information with all its entities and employees," said Christi Griffin, director of OSHA's Atlanta-West Area Office. "The company needs to address these issues at its locations immediately."

Repeated citations were issued for the employer failing to ensure that exit doors were unlocked and exit routes and electrical access panels were not blocked by merchandise, display racks or supplies. Store management also failed to have portable fire extinguishers inspected annually.

A repeated violation exists when an employer previously has been cited 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. This employer was previously cited for these same violations in 2014 and 2010.

With headquarters in Goodlettsville, Tennessee, Dollar General is a discount retailer with more than 100,000 employees nationwide. Workers are typically engaged in stocking shelves and selling merchandise.

The company has 15 business days from receipt of its 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.

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

AUTO PARTS STORE RECEIVES BAD NEWS REGARDING ASBESTOS, MOLD HAZARDS

FROM:  U.S. DEPARTMENT OF LABOR 

Advance Auto Parts exposes workers to asbestos, mold hazards

Kansas City, Missouri, store receives 11 violations

KANSAS CITY, Mo. — A worker alleging the existence of asbestos, mold and hygiene hazards led to an inspection of an Advance Auto Parts store in Kansas City, where the U.S. Department of Labor's Occupational Safety and Health Administration found one repeated and 10 serious safety and health violations with fines of $60,000.

"Exposure to asbestos is a dangerous workplace issue that can cause loss of lung function and cancer, among other serious health effects. When Advance Auto uses an older building with presumed asbestos-containing material, such as floor tiles, it has a responsibility to conduct periodic air monitoring and must post warning signs for workers," said Barbara Theriot, OSHA's area director in Kansas City. "The company also has a responsibility to maintain the building in a sanitary and safe manner. OSHA found persistent flooding, which caused mold growth and created lower-level slip and fall hazards. This is unacceptable."

OSHA inspectors tested bulk samples of furnace room floor tiles and found they contained 3 percent chrysotile, a form of asbestos. Sample air monitoring did not detect asbestos fibers circulating in the heating and air conditioning system. However, particles could become airborne from deteriorating tiles and persistent flooding, a consistent issue throughout the building.

Asbestos is a naturally occurring mineral fiber used in some building materials before its health dangers were discovered. Asbestos fibers are invisible and can be inhaled into the lungs unknowingly. Inhaled fibers can then become embedded in the lungs.

Inspectors also found electrical safety violations and blocked exit routes at the store, resulting in the 10 serious violations. 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 also noted a repeated violation for failing to provide inspectors with injury and illness logs. Based in Roanoke, Virginia, Advance Auto Parts was previously cited for this violation in a Delaware, Ohio, store in 2010 and a Lakeland, Florida, store in 2011. OSHA issues repeated violations if an employer was cited previously for the same or a similar violation within the last five years.
Advance Auto Parts has 15 business days from receipt of its 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.

CITATION ISSUED, CONTRACTOR COULD PAY $55,000 PENALTY FOR SAFETY VIOLATIONS RELATED TO EXCAVATION COLLAPSE

FROM:  U.S. LABOR DEPARTMENT

Auburn, Alabama contractor exposes workers to cave-in hazards; fails to use safety measures to prevent excavation collapse

Employer name: D&J Enterprises, Inc.

Inspection site: 2151 Interstate Drive Opelika, Alabama 36801

Date inspection initiated: The Occupational Safety and Health Administration initiated the Jan. 14, 2015 inspection as part of the agency's National Emphasis Program on Trenching and Excavation.

Inspection findings: OSHA issued the employer one willful citation for allowing employees to work in an excavation without cave-in protection. 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.

Quote: "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."
Proposed penalties: $55,000

OSHA CITES COMPANY IN DEATH OF 16 YEAR OLD

FROM:  U.S. LABOR DEPARTMENT 

OSHA cites Robertson Incorporated Bridge and Grading Division after 16-year-old laborer dies at Delta, Missouri, construction site

Wage and Hour Division assesses company penalties for violating child labor law

DELTA, Mo. — A 16-year-old laborer was fatally struck by the swinging cab and boom of a crane being disassembled by Robertson Incorporated Bridge and Grading Division at a construction site in Delta on June 18, 2014. A U.S. Department of Labor Occupational Safety and Health Administration investigation found the crane operator was unaware that the teen was directed to stand in an inadequately marked danger zone. The teen also was not provided required protective headgear. OSHA cited the company for 13 serious safety violations.

"This is a tragic death involving a teenager who should not have been allowed to work on the job site. Clearly, the law prohibits children from being involved in the disassembly of heavy-duty construction machinery," said Bill McDonald, OSHA's area director in St. Louis. "Robertson Incorporated Bridge has a responsibility to train workers in hazards, adequately mark hazardous operations areas and provide competent supervision and protective equipment."

In addition to the struck-by hazard that resulted in this young man's death, OSHA's investigation found a lack of employee hazard recognition training contributed to the fatality. The company also failed to document required inspections of the crane's wire rope and hook.

OSHA found multiple safety violations that included worker exposure to fall hazards of nearly 7 feet from unguarded machine platforms and failure to implement procedures, such as machine guarding that protects workers from contacting operating machinery parts, exposing workers to serious amputation risks and hazards. These violations are among the most frequently cited violations by OSHA and put workers at risk for amputation and injuries. Robertson Incorporated Bridge also failed to inspect portable fire extinguishers or train employees in their use.

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.

OSHA has proposed penalties of $44,730.

The department's Wage and Hour Division also assessed civil money penalties of $11,000 for violatingHazardous Order Number 7, which prohibits minors under age 18 from operating or assisting in the operation of power-driven hoists.

Robertson Incorporated Bridge has 15 business days from receipt of its 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.

OLIVET MANAGEMENT FACES $2.3 MILLION IN FINES IN ASBESTOS EXPOSURE CASE

FROM:  DEPARTMENT OF LABOR

Olivet Management faces $2.3M in OSHA fines
for knowingly exposing workers to asbestos and lead at NY work site

Exposure occurred during renovation of former Harlem Valley Psychiatric Center

WASHINGTON — Olivet Management LLC, a real estate development and management company that owns the former Harlem Valley Psychiatric Center in the Wingdale section of Dover Plains, N.Y., faces a total of $2,359,000 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration. The company has been cited for exposing its own employees, as well as employees for 13 contractors, to asbestos and lead hazards during cleanup operations in preparation for a tour of the site by potential investors.

"Olivet knew that asbestos and lead were present at this site, yet the company chose to ignore its responsibility to protect its own workers and contractors," said U.S. Secretary of Labor Thomas E. Perez. "The intolerable choice this company made put not only workers, but also their families, in danger."

An inspection by OSHA's Albany Area Office conducted in response to a complaint began Oct. 23, 2013. The inspection found that Olivet employees and contractors were exposed to asbestos and lead while performing renovation and cleanup activities. The work, which was directed and overseen by Olivet supervisors, included removing: asbestos- and lead-contaminated debris; asbestos-containing floor tiles and insulation; and lead-containing paint from walls, windows, door frames and other painted surfaces.

OSHA determined that Olivet knowingly failed to take basic safety precautions. The company neither informed their own employees nor the contractors about the presence of asbestos and lead, despite knowing that both hazards existed. As a result, Olivet did not: train employees in the hazards of asbestos and lead and the need and nature of required safeguards; monitor workers' exposure levels; provide appropriate respiratory protection; post notices, warning signs and labels to alert workers and contractors to the presence of asbestos and lead. The company also did not provide clean changing and decontamination areas for workers, many of whom wore their contaminated clothing home to households with small children.

As a result of these conditions, Olivet was cited for 45 willful violations, with $2,352,000 in proposed fines. Twenty-four of the willful citations address instance-by-instance exposure of workers to asbestos and lead hazards. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee safety and health. Olivet was also issued one serious citation, with a $7,000 fine, for failing to inform waste haulers of the presence of asbestos and asbestos-containing materials, meaning asbestos from the site may have been disposed of improperly at an unknown location. 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.

Renovation and cleanup activities can generate airborne concentrations of asbestos and lead. Workers can be exposed to both through inhalation or ingestion. Exposure to asbestos can cause disabling or fatal diseases, such as asbestosis, lung cancer, mesothelioma and gastrointestinal cancer. While lead exposure can cause damage to the nervous system, kidneys, blood forming organs, and reproductive system. 

In January of this year, the U.S. Environmental Protection Administration ordered Olivet to stop all work that could disturb asbestos at the facility. EPA's investigation is ongoing.

Olivet has 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 & Health Review Commission.

Due to the willful violations found at the site, Olivet has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Under the program, OSHA may inspect any of the employer's facilities or job sites.

DOL SAYS WHISTLEBLOWERS CAN FILE COMPLAINTS WITH OSHA ONLINE

FROM:  U.S. LABOR DEPARTMENT 
Whistleblowers can now file complaints online with OSHA
Agency launches online form to provide workers a new way to file retaliation complaints

WASHINGTON — Whistleblowers covered by one of 22 statutes administered by the U.S. Department of Labor's Occupational Safety and Health Administration will now be able to file complaints online. The online form will provide workers who have been retaliated against an additional way to reach out for OSHA assistance online.

"The ability of workers to speak out and exercise their rights without fear of retaliation provides the backbone for some of American workers' most essential protections," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Whistleblower laws protect not only workers, but also the public at large and now workers will have an additional avenue available to file a complaint with OSHA."

Currently, workers can make complaints to OSHA by filing a written complaint or by calling the agency's 1-800-321-OSHA (6742) number or an OSHA regional or area office. Workers will now be able to electronically submit a whistleblower complaint to OSHA by visiting www.osha.gov/whistleblower/WBComplaint.html.
The new online form prompts the worker to include basic whistleblower complaint information so they can be easily contacted for follow-up. Complaints are automatically routed to the appropriate regional whistleblower investigators. In addition, the complaint form can also be downloaded and submitted to the agency in hard-copy format by fax, mail or hand-delivery. The paper version is identical to the electronic version and requests the same information necessary to initiate a whistleblower investigation.

OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation, workplace safety and health, and consumer protection laws. Detailed information on employee whistleblower rights, including fact sheets and instructions on how to submit the form in hard-copy format, is available online at www.whistleblowers.gov.

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

OSHA CITES COMPANY FOR SAFETY VIOLATION RELATED TO WORKER'S HEAT STROKE DEATH

FROM:  U.S. LABOR DEPARTMENT 
Aldridge Electric cited by US Labor Department's OSHA
after heat-related death of worker in Chicago
Employee became ill on his first day on the job

CHICAGO — The U.S. Department of Labor's Occupational Safety and Health Administration has cited Aldridge Electric Inc. for one serious safety violation following the June 25 death of a 36-year-old worker who developed heat stroke at a job site in Chicago. The company was installing electrical conduit in an uncovered trench on the Chicago Transit Authority's Dan Ryan Red Line project when the worker became ill on his first day on the job.

"This worker died from heat stress on his first day on the job. This tragedy underscores the need for employers to ensure that new workers become acclimated and build a tolerance to working in excessive heat with a program of water, rest and shade," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "A worker's first day on the job shouldn't be the last day of their life."

OSHA's investigation found that Aldridge Electric did not implement an adequate and effective heat stress program and failed to ensure a newly employed worker was acclimatized to effects of heat and physical exertion. The worker was carrying heavy electrical conduit piping in nonshaded conditions when he collapsed on the job site. He died from his illness the following day.
The serious violation was cited for failing to implement an adequate and effective heat stress program. 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.

Proposed penalties total $7,000. Aldridge Electric, based in Libertyville, Ill., is a specialty electrical contractor that employs nearly 750 workers nationwide. 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.

DEFUNCT COMPANY AND OWNER TO PAY OVER $300.000 TO SETTLE WHISTLEBLOWER LAWSUIT

FROM:  U.S. DEPARTMENT OF LABOR

Judge orders North Canton-based Star Air, Akron Reserve Ammunition,
owner to pay more than $300,000 to 2 terminated Ohio truck drivers
Consent judgment resolves lawsuit filed by Department of Labor
NORTH CANTON, Ohio — Under terms of a consent judgment, a now defunct North Canton, Ohio-based company, Star Air Inc., and owner Robert R. Custer, will pay two Ohio truck drivers $302,000 to resolve a lawsuit filed by the U.S. Department of Labor for terminating two of the company's drivers in violation of the 1982 Surface Transportation Assistance Act's whistleblower provisions. Akron Reserve Ammunition Inc., was also named a defendant in the lawsuit because the department alleges that the company, which is owned by Custer, is the successor to Star Air.

"These drivers were fired for trying to protect themselves and the driving public," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "No truck driver should be forced to drive while tired, sick or in violation of truck weight or hours-of-service requirements. OSHA will continue to defend America's truck drivers against unscrupulous employers who unlawfully retaliate against drivers who assert their right to drive safely."

The drivers were dismissed after one was stopped by West Virginia State Police and cited for: hauling an excess load without a commercial driver's license, operating an overweight trailer and driving without a logbook. The commercial vehicle also did not have the name of the company, its home base or its U.S. Department of Transportation number displayed. The driver who was cited informed another driver, who was also operating without the proper information displayed, and they refused to continue driving until these issues were resolved. Consequently, both were terminated.

Both drivers filed complaints with the Occupational Safety and Health Administration alleging that Star Air had discriminated against them in retaliation for activities protected by the STAA, and a Labor Department administrative law judge issued the order for reinstatement and back wages. Under automatic review provisions, the judge's decision then was referred to and upheld by the Administrative Review Board, which issues final decisions for the secretary of labor in cases arising under a wide range of worker protection laws.
The companies and Custer will pay the $302,000 agreed upon amount over a three-year period. If any party defaults on payments, the court can order the payment of the entire amount awarded in the judgment, which is $685,785.22. The U.S. District Court for the Northern District of Ohio, Eastern Division, in Akron made the ruling. The department is represented by its Regional Office of the Solicitor in Cleveland.

OSHA enforces the whistleblower provisions of the STAA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health-care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.

Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

OSHA ANNOUNCES NEW RESOURCES AVAILABLE TO PROTECT WORKERS FROM HAZARDOUS CHEMICALS

FROM:  U.S. LABOR DEPARTMENT

OSHA releases new resources to better protect workers from hazardous chemicals
WASHINGTON — Each year in the United States, tens of thousands of workers are made sick or die from occupational exposures to the thousands of hazardous chemicals that are used in workplaces every day. The U.S. Department of Labor's Occupational Safety and Health Administration today launched two new web resources to assist companies with keeping their workers safe.

While many chemicals are suspected of being harmful, OSHA's exposure standards are out-of-date and inadequately protective for the small number of chemicals that are regulated in the workplace. The first resource OSHA has created is a toolkit to identify safer chemicals that can be used in place of more hazardous ones. This toolkit walks employers and workers step-by-step through information, methods, tools and guidance to either eliminate hazardous chemicals or make informed substitution decisions in the workplace by finding a safer chemical, material, product or process. The toolkit is available at http://www.osha.gov/dsg/safer_chemicals/index.html.

"We know that the most efficient and effective way to protect workers from hazardous chemicals is by eliminating or replacing those chemicals with safer alternatives whenever possible," said Dr. David Michaels, assistant secretary of labor for occupational safety and health.

OSHA also created another new web resource: the Annotated Permissible Exposure Limits, or annotated PEL tables, which will enable employers to voluntarily adopt newer, more protective workplace exposure limits. OSHA's PELs set mandatory limits on the amount or concentration of a substance in the air to protect workers against the health effects of certain hazardous chemicals; and OSHA will continue to enforce those mandatory PELs. Since OSHA's adoption of the majority of its PELs more than 40 years ago, new scientific data, industrial experience and developments in technology clearly indicate that in many instances these mandatory limits are not sufficiently protective of workers' health.

"There is no question that many of OSHA's chemical standards are not adequately protective," Michaels said. "I advise employers, who want to ensure that their workplaces are safe, to utilize the occupational exposure limits on these annotated tables, since simply complying with OSHA's antiquated PELs will not guarantee that workers will be safe."

The annotated PEL tables provide a side-by-side comparison of OSHA PELs for general industry to the California Division of Occupational Safety and Health PELs, National Institute for Occupational Safety and Health recommended exposure limits, and American Conference of Governmental Industrial Hygienist threshold limit values. They offer an easily accessible reference source for up-to-date workplace exposure limits, which are available at http://www.osha.gov/dsg/annotated-pels/index.html.

COMPANY CITED AFTER WORKER INJURED IN TRENCH COLLAPSE

FROM:  U.S. DEPARTMENT OF LABOR 
Taylor’s Drain and Sewer Service cited by US Labor Department’s OSHA after worker injured in trench collapse at Lincoln, Neb., job site

LINCOLN, Neb. — Taylor's Drain and Sewer Service has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 10 safety violations, including two willful. OSHA found that the company failed to protect workers from cave-ins during trenching operations at two separate jobs sites in Lincoln, leading to a worker suffering a serious injury. OSHA has proposed penalties of $194,000.

On March 22 at 5600 S. 90th St., a worker was buried waist-deep when a trench approximately 9-feet-deep collapsed, and he required surgery to recover from his injuries. And on April 11 at a separate job site located at 4530 Adams St., two other workers were observed in a 10-foot-deep trench without protection. Taylor's Drain and Sewer Service Inc. was installing water and sewer lines at both locations in Lincoln.

"Cave — ins are the leading cause of injury and death during excavations," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Taylor Drain and Sewer Service failed to provide basic safety precautions, which led to the serious injury of one of its workers. This employer had no excuse for noncompliance."

At 5600 S. 90th St. job site, the company was cited for six serious violations, including failing to: develop and implement a written hazardous communication program, provide workers with hazard recognition training, protect workers from exposed underground utilities, provide a means of safe access and egress during trenching and excavation work, provide a competent person for trench inspection prior to worker entry and provide trench cave-in protection. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known existed.

During OSHA's inspection at the 4530 Adams St. job site, two willful and two serious violations were cited. The willful violations involve failing to provide cave-in protection to workers in a trench more than 5-feet-deep and to provide a competent person for trench inspection prior to worker entry. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health. The two serious violations cited include failing to provide a means of safe access and egress during trenching and excavation work and to protect workers from struck-by hazards, including spoil piles of soil placed less than two feet from the edge of the trench. Only two workers were at this job site.

OSHA standards mandate that all excavations 5-feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards is available at http://www.osha.gov/SLTC/trenchingexcavation/index.html.
The citations can be viewed at: Http://www.osha.gov/ooc/citations/TaylorsDrain_897301_0912_13.pdf and http://www.osha.gov/ooc/citations/TaylorsDrain_900012_0912_13.pdf.
OSHA has placed Taylor's Drain and Sewer Services Inc. in its Severe Violator Enforcement Program as a result of these inspections. The program mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.

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

To ask questions, obtain compliance assistance; file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Omaha, Neb., office at 402-553-0171.

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

OSHA CITES HAGEL METAL FABRICATION FOR WILLFUL VIOLATIONS AFTER WORKER CRUSHED TO DEATH

FROM:  U.S. LABOR DEPARTMENT 

OSHA cites Hagel Metal Fabrication for willful violations after worker fatally crushed by unguarded machine at Illinois plant
Plant placed in Severe Violator Enforcement Program

EAST PEORIA, Ill. — Hagel Metal Fabrication Inc., has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 12 safety and health violations after a 23-year-old worker was fatally crushed Feb. 22 by an automated laser-cutting machine. During the investigation, workers made formal complaints, which prompted two additional OSHA inspections at the East Peoria metal manufacturing plant.

"The company failed to implement the most basic of safety precautions — and the result was a terrible tragedy. This case demonstrates an egregious disregard of worker safety and health," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Employers have a responsibility to provide a safe workplace."

Three willful violations include: bypassing machine safeguards on two laser-cutting machines and the failures to lock out sources of hazardous machine energy. These safeguards were designed to prevent employees from being in areas of the machine where they could be struck and crushed by moving parts. Two additional serious violations include unguarded open-sided floors and platforms causing a fall hazard. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or plain indifference to employee safety and health.

"This tragedy could have been prevented if the company ensured adequate machine guarding, effective lockout-tagout procedures and worker training on hazards," said Tom Bielema, OSHA's area director in Peoria. "The company willfully violated OSHA's Machine Guarding Standard, compromising worker safety and well-being."

After the incident, OSHA found other employees exposed to amputation hazards while operating a power press brake because the guard had not been set up properly. OSHA issued a willful violation for this hazard.

Six serious citations were also issued for failing to: inspect powered industrial trucks before service and to remove them if they are damaged, mark the load capacity of lifting devices, provide training on hazardous energy control procedures and implement an effective lockout/tagout program to protect workers during machine servicing. OSHA also cited the company for work areas with potentially hazardous accumulations of powder coating dusts and for failing to implement an effective respiratory protection program with worksite-specific procedures. 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.

OSHA proposed penalties totaling $317,000.

Because of the hazards and the violations cited, Hagel Metal Fabrication has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

Hagel Metal Fabrication has been inspected by OSHA on seven previous occasions since 1989, resulting in the issuance of 23 citations including willful and serious citations for exposing workers to amputation injuries and machine guarding hazards. There are approximately 90 workers at the company.
The company has 15 business days from receipt of its 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.

STEEL COMPANY FACES OVER A $1 MILLION IN FINES FOR OSHA VIOLATIONS

FROM:  U.S. LABOR DEPARTMENT 

Republic Steel faces fines of $1.1 million for 24 safety violations; company previously agreed to address hazards in 2012 OSHA settlement

CANTON, Ohio — Republic Steel has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for 24 safety violations carrying fines of $1,138,500. Fifteen willful violations of OSHA's fall protection standards were found at the company's Canton steel manufacturing plant.

OSHA received a formal complaint from the United Steelworkers Union alleging inadequate fall protection and other unsafe practices exposing workers to various hazards in the plant's melt shop. During the inspection, opened in February 2013, OSHA discovered that two workers had been seriously injured in falls at the site in June and August of 2012.

"People working hard to provide for their families should not have worry each day whether they'll come home," said Secretary of Labor Thomas E. Perez. "Republic Steel put their workers' lives in danger, and that kind of disregard for safety will not be tolerated."

The company has a history of failing to address fall hazards. In 2011, after an employee was seriously injured in a fall at the company's Lorain, Ohio, facility, OSHA issued willful citations to the company for fall hazards. In a settlement with OSHA in 2012, the company accepted three willful fall hazard violations at the Lorain plant and agreed to address fall protection at its plants, including the Canton plant.
"Republic Steel has a long history of OSHA violations and disregard for employee safety and health," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "It is unacceptable that Republic Steel has not taken more effective steps to improve safety at the Canton plant, particularly in light of a 2012 settlement aimed at exactly that. OSHA will remain diligent in its commitment to protect America's steel workers."

A total of 15 willful violations were cited for failing to provide fall protection in the Canton steel mill. Among the violations noted were lack of fall protection while working on the runway girders that were 66 feet above the ground and falls of 30 feet due to missing and damaged guardrails. Workers were also exposed to falls of up to 30 feet above the slag pit and falls of 20 feet above the electric arc furnace and molten steel ladle. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.

One repeat violation was cited for failing to post danger signs or other effective means of indicating the existence and location of permit-required confined spaces in the melt shop. OSHA issues repeat 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. The same violation was cited in August 2009 at the company's facility in Blasdell, N.Y.

Additionally, eight serious violations include tripping hazards, the use of electrical panels not suitable for wet locations, lack of personal protective equipment for employees working around the furnace, failing to evaluate potential hazards in confined spaces that employees might need to enter such as furnaces and duct work, and failure to train workers on hazards and issue entry permits for those spaces. 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.

Republic Steel will remain in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The company was placed in the program in 2011. OSHA's severe violator program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

The company, which is headquartered in Canton, employs approximately 2,500 workers companywide and 600 at the Canton mill. Other Republic Steel mills are located in Massillon and Lorain, Ohio, and Blasdell, N.Y.

The Canton plant has been inspected by OSHA 16 times, which resulted in one willful, two repeat, 22 serious and 23 other-than-serious final order citations. As a corporate entity, Republic Steel has been inspected 79 times resulting in the issuance of six willful, 15 repeat, 145 serious and 70 other-than-serious final order citations.

The company has 15 business days from receipt of the citations and notice of proposed penalties to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. If the company does not file or contest within that period, it must abate the cited conditions within the period ordered in the citations and pay the proposed penalties.

FORMER COMPANY PRESIDENT PLEADS GUILTY FOR PART IN EMPLOYEE DEATH,

FROM: U.S. DEPARTMENT OF JUSTICE
Thursday, May 9, 2013
Former President of Port Arthur Company Guilty of Federal Crimes Related to Employee Deaths

The former president of Port Arthur Chemical and Environmental Services, LLC (PACES) has pleaded guilty in federal court to occupational safety crimes which resulted in the death of an employee, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and John M. Bales, U.S. Attorney for the Eastern District of Texas.


Matthew Lawrence Bowman, 41, of Houston, pleaded guilty to violating the Occupational Safety and Health Act (OSH Act) and making a false statement. Bowman admitted to not properly protecting PACES employees from exposure to hydrogen sulfide, a poisonous gas resulting in the death of truck driver Joey Sutter on Dec. 18, 2008. In addition, Bowman admitted to directing employees to falsify transportation documents to conceal that the wastewater was coming from PACES after a disposal facility put a moratorium on all wastewater shipments from PACES after received loads containing hydrogen sulfide. The guilty plea was entered today before U.S. Magistrate Judge Zack Hawthorn.

"Bowman’s actions showed a preference for profit above the safety of his employees, putting them and the public in life threatening situations by not properly identifying the dangerous materials PACES was handling," said Assistant Attorney General Moreno. "The Justice Department will continue to vigorously enforce laws enacted for the protection of human health and the environment."

"In this day and age, it seems inconceivable that workers would be exposed to the level of danger that was routine at PACES," said U.S. Attorney Bales. "Mr. Bowman’s actions as the leader of the company were more than just cavalier, they were criminal and he is being held to account. We continue to grieve for the needless loss of life and the pain and suffering of Mr. Sutter’s family and friends. This investigation and prosecution is the result of an excellent combined effort of the identified agencies and I am grateful for their hard work."

"The plea agreement reached today sends a strong signal to all who would illegally transport hazardous materials," said Max Smith, regional Special Agent-in-Charge, U.S. Department of Transportation, Office of Inspector General. "Working with our law enforcement and prosecutorial colleagues, we will continue our efforts to ensure safety in the transport of these materials and vigorously pursue those who violate the law."

"Laws regarding the safe and legal handling of hazardous materials are in place for a reason – to save lives," said Ivan Vikin, Special Agent in Charge of the U.S. Environmental Protection Agency’s (EPA) criminal enforcement program in Texas. "The defendant admitted that his actions directly led to the death of one of his employees. This plea demonstrates that EPA and its partner agencies, the Texas Commission on Environmental Quality’s Environmental Crimes Unit and the Department of Transportation’s Office of the Inspector General, will prosecute anyone whose actions place the public at risk."


According to information presented in court, Bowman was president and owner of PACES, located in Port Arthur, Texas, and CES Environmental Services (CES) located in Houston. PACES was in operation from November 2008 to November 2010, and was in the business of producing and selling caustic materials to paper mills. The production of caustic materials involved hydrogen sulfide, a poisonous gas. According to the National Institute for Occupational Safety and Health, hydrogen sulfide is an acute toxic substance that is the leading cause of sudden death in the workplace. Employers are required by the Occupational Safety and Health Administration (OSHA) to implement engineering and safety controls to prevent employees from exposure above harmful limits of hydrogen sulfide.
Bowman was responsible for approving and directing

PACES production operations, the disposal of hydrogen sulfide wastewater, and ensuring implementation of employee safety precautions. In some cases, Bowman personally handled the investigation of work-related employee injuries, directed the transportation of PACES wastewater, and determined what safety equipment could be purchased or maintained. In the cases at issue, hazardous materials were transported illegally with false documents and without the required placards. Most importantly, the workers were not properly protected from exposure to hazardous gases. The exposure resulted in the deaths of two employees, Joey Sutter and Charles Sittig, who were truck drivers, at the PACES facility on Dec. 18, 2008, and Apr. 14, 2009. Placarding is critical to ensure the safety of first responders in the event of an accident or other highway incident. Bowman and PACES were indicted by a federal grand jury on July 18, 2012.

Bowman faces up to five years in federal prison and a fine of up to $250,000 at sentencing. A sentencing date has not been set. Charges remain pending against PACES. The corporation faces a fine of up to $500,000 per count.

This case was investigated by EPA Criminal Investigation Division; the U.S. Department of Transportation Office of Inspector General; the Texas Commission on Environmental Quality - Environmental Crimes Unit, part of the Texas Environmental Enforcement Task Force; the Texas Parks & Wildlife Department - Environmental Crimes Unit; the Houston Police Department - Major Offenders, Environmental Investigations Unit; the Travis County, Texas - District Attorney’s Office; the Harris County, Texas, District Attorney’s Office - Environmental Crimes Division; the Houston Fire Department; OSHA; the U.S. Coast Guard; the Port Arthur Police Department; and the Port Arthur Fire Department.

The case was prosecuted by the U.S. Attorney’s Office for the Eastern District of Texas and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

COMPANY CITED BY OSHA FOR EXPOSING WORKERS TO "AMPUTATION HAZARDS"

FROM:  U.S. DEPARTMENT OF LABOR
US Department of Labor's OSHA cites Spa Pipe and Supply of Abilene, Texas, for exposing workers to electrical and machine guarding hazards

ABILENE, Texas – The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Spa Pipe and Supply LP, doing business as Smith Pipe of Abilene, with six serious and six repeat violations for exposing workers to electrical, compressed gases and amputation hazards. The citations follow an investigation by OSHA’s El Paso Area Office that began in January under the agency’s Site-Specific Targeting Program that directs enforcement resources to high-hazard workplaces where high injury and illness rates occur. Proposed penalties total $129,800.

The serious violations are failing to properly utilize electrical components as labeled, ensure electrical circuits were adequately maintained, provide required machine guarding, and ensure the labeling of compressed gases. A serious citation is issued 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 repeat violations include failing to ensure compressed gas cylinders and valves were properly secured, install and properly adjust work rests and tongue guards on bench grinders, and repair or replace damaged welding leads. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in 2011.

“This is not the first time this company has jeopardized the safety of its workers by exposing them to potential hazards,” said Joann Figueroa, OSHA’s area director in El Paso. “OSHA’s standards must be followed to safeguard the workplace, and prevent injury and illness.”

The citations can be viewed at http://www.osha.gov/ooc/citations/SPAPipeandSupply_315714493.pdf.
Abilene-based Spa Pipe and Supply, an oil tank manufacturing company that employs about 385 workers statewide, has 15 business days from the receipt of the citations to comply, request an informal conference with OSHA’s area director in El Paso or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or call the agency’s El Paso office at 915-534-6251.

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 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.

NORFOLK SOUTHERN RAILWAY CO. TO PAY $800,000 AFTER TERMINATION INJURED WORKERS

FROM:  U.S. DEPARTMENT OF LABOR
Norfolk Southern Railway Co. ordered by US Labor Department's OSHA to pay more than $800,000 after terminating injured workers
Investigation found violations of Federal Railroad Safety Act whistleblower provisions
WASHINGTON — The U.S. Department of Labor's Occupational Safety and Health Administration has found that Norfolk Southern Railway Co. violated the whistleblower protection provisions of the Federal Railroad Safety Act and consequently has ordered the company to pay three whistleblowers $802,168.70 in damages, including $525,000 in punitive damages and attorneys' fees. Additionally, the company has been ordered to expunge the disciplinary records of the whistleblowers, post workplace notices regarding railroad employees' whistleblower protection rights and provide training to its employees about these rights.

Three concurrent investigations were completed by OSHA's offices in Columbia, S.C.; Nashville, Tenn.; and Harrisburg, Pa. The investigations revealed reasonable cause to believe that the employees' reporting of their workplace injuries led to internal investigations and, ultimately, to dismissals from the company.

A laborer based in Greenville, S.C., was terminated on Aug. 14, 2009, after reporting an injury as a result of being hit by the company's gang truck. The railroad charged the employee, a laborer, with improper performance of duties. OSHA found that the employee was treated disparately in comparison to four other employees involved in the incident. The laborer was the only employee injured and, thus, the only employee who reported an injury. He also was the only employee terminated. OSHA has ordered the railroad to pay punitive damages of $200,000 as well as compensatory damages of $110,852 and attorney's fees of $14,325.

In Louisville, Ky., an engineer at a Norfolk Southern facility was terminated on March 31, 2010, after reporting an injury as a result of tripping and falling in a locomotive restroom. The railroad, after an investigative hearing, charged the employee with falsifying his injury. OSHA found that the investigative hearing was flawed and orchestrated to intentionally support the decision to terminate the employee. OSHA has ordered the railroad to pay the employee $150,000 in punitive damages, $50,000 in compensatory damages and $7,375 in attorney's fees.

On July 22, 2010, a railroad conductor based in Harrisburg, Pa., was terminated after reporting a head injury sustained when he blacked out and fell down steps while returning from the locomotive lavatory. The company, after an investigative hearing presided over by management officials, found the employee guilty of falsifying a report of a work-related injury, failing to promptly report the injury, and making false and conflicting statements. The day before the injury, the employee had been lauded for excellent performance, highlighted by no lost work time due to injuries in his 35-year career. OSHA found that the investigative hearing was flawed, and there was no evidence the employee intended to misrepresent his injury. OSHA is ordering the railroad to pay the employee $175,000 in punitive damages, $76,623.27 in back wages plus interest and $17,993.43 in compensatory damages, as well as all fringe benefits.

"Firing workers for reporting an injury is not only illegal, it also endangers all workers. When workers are discouraged from reporting injuries, no investigation into the cause of an injury can occur," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "To prevent more injuries, railroad workers must be able to report an injury without fear of retaliation. The Labor Department will continue to protect all employees, including those in the railroad industry, from retaliation for exercising these basic worker rights. Employers found in violation will be held accountable."

These actions follow several other orders issued by OSHA against Norfolk Southern Railway Co. in the past year. OSHA's investigations have found that the company continues to retaliate against employees for reporting work-related injuries and has effectively created a chilling effect in the railroad industry.

Any party to this case can file an appeal with the Labor Department's Office of Administrative Law Judges.

Norfolk Southern Railway Co. is a major transporter/hauler of coal and other commodities, serving every major container port in the eastern United States with connections to western carriers. Its headquarters are in Norfolk, Va., and it employs more than 30,000 union workers worldwide.

OSHA enforces the whistleblower provisions of the FRSA and 20 other statutes protecting employees who report violations of various securities laws, trucking, airline, nuclear power, pipeline, environmental, rail, maritime, health care, workplace safety and health regulations, and consumer product safety laws.

Under the various whistleblower provisions enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA's Whistleblower Protection Program.

OSHA CITES SUBSIDIARY OF NESTLE SA FOR SAFETY VIOLATIONS FOLLOWING DEATH OF WORKER

FROM:  U.S. DEPARTMENT OF LABOR
US Labor Department’s OSHA cites Tribe Mediterranean Foods for safety violations following death of a worker in Taunton, Mass.
Employees lacked necessary training to prevent ‘needless and avoidable loss of life’
BRAINTREE, Mass. — The U.S. Department of Labor's Occupational Safety and Health Administration has cited Tribe Mediterranean Foods, a subsidiary of Nestle SA that manufactures Tribe brand hummus products, for 18 alleged violations of workplace safety standards following the death of a worker at its Taunton production plant. OSHA's South Boston Area Office opened an inspection on Dec. 16, 2011, after a contract employee who was cleaning and sanitizing a machine used in the hummus manufacturing process was caught, pulled into the machine and crushed to death between two rotating augers.
OSHA's investigation found that Tribe Mediterranean Foods had not trained the deceased worker and six other workers who cleaned plant machinery on hazardous energy control or "lockout/tagout" procedures. These are the procedures employers must put into effect and train workers to follow to shut down machines and lock out their power sources before cleaning or performing maintenance on them. The purpose of lockout/tagout procedures is to ensure that the machines are not operating, and cannot unexpectedly activate and harm workers. OSHA requires that employers train workers so that they understand the purpose of the energy control procedures, and have the knowledge and skills required to safely utilize them.

"The employer knew it needed to train these workers so they could protect themselves against just this type of hazard but failed to do so. The result was a needless and avoidable loss of life," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "In this case, Tribe Mediterranean Foods' knowledge and continuous disregard for an obvious and deadly hazard was so pronounced that we are issuing seven willful citations for lack of training, one for each untrained worker exposed to the hazard."
When there is a particularly egregious lack of compliance and exposure to hazards, OSHA can issue citations on a per-instance basis, in this case, representing one willful violation for each untrained employee exposed to a hazard.

OSHA has issued Tribe Mediterranean Foods citations for two additional willful violations, one for failing to adequately train maintenance workers to recognize hazardous energy sources, and one for failing to develop and utilize lockout/tagout procedures. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Citations for three repeat violations have been issued for failing to conduct periodic inspections of the energy control procedures, inadequate guarding of rotating blades on blending tanks, and an exposed chain and sprocket on a conveyor. A repeat violation can be cited when an employer previously has been cited 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. OSHA cited Tribe Mediterranean Foods, doing business as FoodTech International Inc., in October 2009, for similar hazards at its New Haven, Conn., plant.
Finally, Tribe Mediterranean Foods has been issued citations covering six serious violations for electrical, slipping, fall, pallet jack and additional machine guarding 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 citations can be viewed at Http://www.osha.gov/ooc/citations/TribeMediterraneanFoodsIncorporated_315145953_0612_12.pdf.
Tribe Mediterranean Foods, which faces a total of $702,300 in proposed fines, has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA or contest the findings before the independent Occupational Safety and Health Review Commission.

Due to the willful and repeat violations and the nature of the hazards, OSHA has placed Tribe Mediterranean Foods in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing certain willful, repeat or failure-to-abate violations.
.
Tribe Mediterranean Foods is a subsidiary of Tivall 1993 LTD, which is owned by Osem Investments Limited, a subsidiary of Nestle SA. The Osem Group of companies produces and distributes certified-kosher food products in Israel, Europe and the United States. In addition to Osem and Migdanot Habayit products, the company imports, markets and distributes throughout the United States products from Wissotzki, Matzot Rishon, Matzot Karmel, Einat, Couscous Maison, Milos, Progress, Tempo, Beit Hashita, Beigel & Beigel, Manamim, Creative and Menora Candles.

The workers' compensation carrier insuring Tribe Mediterranean Foods through parent company OSEM Foods is Liberty Mutual Insurance Co.

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.