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You are here: Home / Claim Management / Legal Doctrines / OSHA Finds Two Employers Exposed with Hazards

OSHA Finds Two Employers Exposed with Hazards

January 29, 2012 By //  by Robert Elliott, J.D. Leave a Comment

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) reports it cited American Railcar Industries. Inc., headquartered in Saint Charles, Mo., for 10 serious safety violations after an employee was electrocuted while performing repair work on a tanker-style railcar July 25 at the company's work site near Marmaduke, Ark.


"Exposing workers to electrocution hazards without proper safeguards and training is inexcusable," said Carlos Reynolds, the agency's area director in Little Rock. "It is the employer's responsibility to create a safe and healthful workplace where preventable hazards don't cost workers their lives."(WcxKitz)


Upon receiving a fatality report from the employer, OSHA's Little Rock Area Office initiated an investigation July 26 at the company's facility on Highway 34 East and found that workers were being exposed to electrical shocks from welding equipment.


The violations include failing to provide personal protection for employees conducting cutting and welding operations; properly mark the power supply and control boxes for voltage, current and wattage; use fixed wiring instead of flexible cords and protect the wiring from possible damage; remove defective electrical equipment from service; and inspect and mark web slings. 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 $61,400


American Railcar Industries, which employs about 260 workers at the Marmaduke facility and about 1,500 workers nationwide, designs and manufactures railcars.(WcxKitz)


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

 

 

Pennsylvania Employer Fined for Exposing Workers to Hazards 

 

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently cited QG LLC for eight serious violations of the process safety management standards at its Atglen facility in response to an employee complaint. Proposed penalties total $54,000.

 
"Process safety management prevents the unexpected release of toxic, reactive or flammable liquids and gases in processes involving highly hazardous chemicals," said Albert D'Imperio, OSHA's area director in Philadelphia. "It's vital that QG ensure safeguards are in place to protect the safety of workers at this facility." (WCxKit)
 

The serious citations issued for the process safety management standard violations include failing to provide information pertaining to the equipment being used, establish written operating procedures and safe work practices, conduct employee training, conduct a pre-start up safety review, implement written procedures for ongoing integrity, develop procedures for management of change, certify that compliance was evaluated at least every three years, and ensure that installations of equipment in hazardous locations were intrinsically safe or approved for the hazardous 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.
 

OSHA's standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals. Additional information is available online at http://www.osha.gov/SLTC/processsafetymanagement/index.html.
 

Headquartered in North Haven, Conn., QG LLC is a web offset printing company with approximately 240 employees at its Atglen site. (WCxKit)
 

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

 
 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
 
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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Filed Under: Legal Doctrines, Safety and Loss Control Tagged With: American Railcar Industries, electrocution, Occupational Safety and Health Administration, OSHA, Railroad Liability, U.S.Department of Labor

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