Enforcement and Inspection

Pitfalls of Noncompliance: Part 2

Yesterday, we presented a number of OSHA enforcement actions that demonstrate the pitfalls of noncompliance. Today, we conclude with some more employers who were snagged in OSHA’s inspection and enforcement actions.

Contractor Improperly Removed Asbestos

Asbestos remediation company (New York)      
OSHA Region 2

Safety and health violations: According to OSHA, the company was cited for nine alleged violations, including one willful violation, while removing roofing material containing asbestos.

Penalty: $83,000 fine

Bottler Cited After Worker Death

Bottling company (Florida)                                    
OSHA Region 4

Serious and willful violations: According to OSHA, the worker was cleaning glass from under the hoist of a palletizing machine when an employee restarted the palletizer. The bottling company had failed to train temporary employees on using locks and tags to prevent the accidental start-up of machines and to ensure its own employees used procedures to lock and tag out machines.

Penalty: $192,000 proposed fine

Workers Face Electrocution in Confined Space

Cosmetics manufacturing firm (Connecticut)    
OSHA Region 1

Serious violations: According to OSHA, the employer failed to develop and implement an electrical safety–related work practices program for employees performing live electrical diagnostic work. The employer also failed to supply PPE to employees performing live troubleshooting. Additionally, maintenance personnel had not been trained regarding safe electrical work practices and PPE. OSHA also identified deficiencies in the plants confined space entry program.

Penalty: $53,561 proposed fine


Find out how to keep experienced older workers safe and productive. BLR’s upcoming webinar on graying boomers will get you up to speed—without leaving the building. Click here for details.


Untrained Forklift Operator Injures Worker

Tradeshow contractor (Illinois)                             
OSHA Region 5

Willful violation: According to OSHA, an employee from another company severely injured his foot when he was struck by a contactor’s worker operating a forklift. One willful violation was cited for failing to ensure that powered industrial truck operators were trained. 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.

Penalty: $91,000 fine

Numerous Violations at Manufacturing Facility

Aluminum die cast manufacturer (Texas)          
OSHA Region 6

Serious violations: According to OSHA, the serious violations included failing to provide the required machine guard for saws and covers on rotating belts and pulleys and failure to ensure that electrical wiring was properly installed and electrical cords were properly maintained. Additionally, slip, trip, and fall hazards were cited due to wet floors, uncovered floor holes, and lack of fall protection equipment for workers climbing machinery during repairs.

Penalty: $112,500 fine

Retailer Fined for Exposing Workers to Hazards

Retail chain (Massachusetts)                               
OSHA Region 1

Safety violations: According to OSHA, workers at the store were at risk of being struck by boxes that fell from stacks of stock in the back room. The stacks were not secured against collapse or displacement. Additionally, the emergency exit route was compromised by boxes of stock narrowing the route to the extent that it could prevent workers from swiftly and safely exiting the building during a fire or other emergency. The employer was previously cited for similar hazards.

Penalty: $55,000 fine


Join us on June 18 for an in-depth interactive webinar on safer for a graying workforce. Our expert will tell you how to face the challenge of keep your boomer generation employees safe and productive to 65 and beyond. Learn More.


Untrained Forklift Operator Injures Worker

Tradeshow contractor (Illinois)                             
OSHA Region 5

Willful violation: According to OSHA, an employee from another company severely injured his foot when he was struck by a contactor’s worker operating a forklift. One willful violation was cited for failing to ensure that powered industrial truck operators were trained. 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.

Penalty: $91,000 fine

Numerous Violations at Manufacturing Facility

Aluminum die cast manufacturer (Texas)          
OSHA Region 6

Serious violations: According to OSHA, the serious violations included failing to provide the required machine guard for saws and covers on rotating belts and pulleys and failure to ensure that electrical wiring was properly installed and electrical cords were properly maintained. Additionally, slip, trip, and fall hazards were cited due to wet floors, uncovered floor holes, and lack of fall protection equipment for workers climbing machinery during repairs.

Penalty: $112,500 fine

Retailer Fined for Exposing Workers to Hazards

Retail chain (Massachusetts)                               
OSHA Region 1

Safety violations: According to OSHA, workers at the store were at risk of being struck by boxes that fell from stacks of stock in the back room. The stacks were not secured against collapse or displacement. Additionally, the emergency exit route was compromised by boxes of stock narrowing the route to the extent that it could prevent workers from swiftly and safely exiting the building during a fire or other emergency. The employer was previously cited for similar hazards.

Penalty: $55,000 fine


Join us on June 18 for an in-depth interactive webinar on safer for a graying workforce. Our expert will tell you how to face the challenge of keep your boomer generation employees safe and productive to 65 and beyond. Learn More.


Keep Older Workers Safe

As the workforce ages, you face new challenges relating to safety and health, workers’ comp, and OSHA compliance. Whether it’s your most seasoned workers, or new temps looking to earn supplemental income, older workers bring unique qualifications and considerations to the table.

Don’t get caught short—join us on June 18 for an in-depth webinar all about what you need to know and do to keep your employees safe and injuries and costs to a minimum.

You and your colleagues will learn:

  • The most common types of injuries and illnesses affecting older workers
  • How older workers can affect your workers’ comp claims and workplace design considerations
  • Why even experienced older workers may be prone to engage in unsafe behaviors, and how to address this
  • What NIOSH and the CDC have to say about the challenges of an aging workforce
  • How to turn older workers into your best safety asset
  • Training considerations for your more senior workers
  • How “graying workforce” issues interact with employment laws prohibiting age and disability bias
  • What safety managers can do to effectively coordinate with HR departments
  • The key elements that must be included in a successful accident prevention strategy for your older workers

Your Speaker

Edwin Foulke of Fisher & Phillips, LLP has worked in the labor and employment area for over 30 years, specializing in occupational safety and health issues. He served as Assistant Secretary of Labor for OSHA from 2006 to 2008 and as Chairman of the OSHA Review Commission from 1990 to 1995. In 2010, and again in 2011, he was named as one of the “50 Most Influential EHS Leaders” by “EHS Today” magazine, and in 2008, he was named as one of the “50 Most Influential EHS Leaders” in the United States by “Occupational Hazards” magazine. Foulke is recognized as one of the nation’s leading authorities on occupational safety and health issues and one of the top speakers and writers in this area.

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