OSHA Enforcement Actions in 2011 Prove Costly to Some Employers

As we start another year under the watchful eye of an OSHA administration that has not been reluctant to propose large penalties when citing employers for safety and health violations, it may be helpful to take a quick look at some of the previous year’s more costly enforcement actions and at the violations that prompted this response from OSHA.

Mill Faces $2M Penalties for ‘Egregious Disregard’

OSHA has proposed penalties of more than $1.9 million to Alabama-based lumber company and its principal.

Citations are for egregious and other violations including exposing employees to amputation and fall hazards. Before the June enforcement, the company had been cited 77 times by OSHA since 2007.

An inspection was opened in December 2010 in response to a complaint that employees in the planer mill were exposed to amputation hazards while working on machinery that was not locked out to prevent accidental start-up.

Two months later, OSHA received a second complaint regarding a partial finger amputation that occurred on unguarded machinery.

OSHA Chief Dr. David Michaels commented: “This situation reflects a systemic problem with the way this company approaches safety and demonstrated an egregious disregard for workers’ safety and health.”

Manufacturer Cited for Asbestos Exposure

A Cicero, Illinois, display design company is facing penalties of $1.2 million. The citations and fines were issued after five unprotected and untrained workers were allegedly required to conduct asbestos removal, which exposed them to the cancer-causing material.

OSHA levied 19 willful and 8 serious health citations following an inspection at the company’s facilities in December 2010. The action came in response to a referral from the Illinois Environmental Protection Agency.

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“[The company] failed in its duty to protect the health and safety of its workers,” said Secretary of Labor Hilda L. Solis. “Such disregard will not be tolerated by the Labor Department. No one should risk serious illness or death to earn a paycheck.”

Railroad Ordered to Pay for Whistleblower Violations

OSHA has ordered a major railroad company to pay more than $615,000 to three employees who the agency claims were wrongly terminated and suspended by the Omaha-based railroad for reporting safety concerns. OSHA says the employer violated whistleblower provisions of the Federal Railroad Safety Act.

A railroad conductor was fired in September 2010 after making repeated complaints to the company’s hotline about safety issues, including trip hazards and obstructed signs, and for noting that a supervisor violated safety procedures during a field test.

A second conductor was suspended without pay for 5 days last November after making complaints on the hotline regarding rough spots on the track. And a third employee, a locomotive engineer, was fired after reporting a job injury in August 2009.

“Workers have the right to report work-related injuries and safety concerns without fear of retaliation,” said Michaels. “[The railroad] has created a climate of fear instead of a climate of safety. The company must take immediate steps to change this unacceptable pattern of retaliation.”

Note that in its 2012 budget, OSHA has requested additional funding for the 21 whistleblower protection programs it administers.

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OSHA Fines Machinemaker; Says Violations Were Ignored

OSHA has issued 33 citations to a manufacturing plant in Batesville, Mississippi, with proposed penalties totaling $487,700. The company, based in Ohio, has 170 facilities throughout the United States that manufacture machinery for hydraulics, air conditioning, refrigeration, and aerospace systems.

Among 16 repeat violations were those for excessive air pressure in cleaning equipment, failure to conduct inspections of the lockout/tagout process, failing to unblock exit doors and routes, and absence of machine guarding.

The repeat violations were based on previous inspections conducted at other company locations.

A number of serious violations were issued as well for struck-by hazards, electrical equipment violations, and eye protection issues.

“Companies that cut corners at the expense of worker safety must be held accountable,” said Michaels. “In this case [the company] not only failed to make safety its top priority, but the company ignored many violations that OSHA previously brought to its attention.”

Tomorrow, a couple more 2011 enforcement action reports, accompanied by important information about a safety and health resource that can help you ensure compliance and avoid costly penalties.