OSHA Cites Cleveland Employer for Worker Safety Violations $124,740

The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) recently cited Ohio-based Falls Stamping and Welding Co. with a total of 19 safety and health violations including one willful and three repeat offenses. OSHA began an inspection after receiving a complaint alleging a failure to lock out and tag out machinery energy sources at the company's Cleveland metal stamping facility, which exposed workers to amputation hazards. Proposed penalties total $124,740.

The willful violation has been cited for failing to ensure workers who lock out machinery, such as mechanical power presses, were trained in lockout and 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. [WCx]

The repeat violations include failing to provide machine guarding for equipment including lathes and shears, ensure that hand controls on mechanical power presses were in a fixed position to prevent workers from relocating them and ensure that safety blocks were used when changing the press die. 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 at the company's Cuyahoga Falls facility in 2009.

Seven serious safety violations involve failing to develop and document machine-specific lockout/tagout procedures, provide a periodic review of energy control procedures for the mechanical power presses, ensure that guards were in place on the maintenance department grinder, provide safety blocks for workers making adjustments and repairs to a mechanical power press, and ensure that the power cable for horizontal band saw had effective strain relief.

Four serious health violations include failing to perform a required workplace hazard assessment, train workers in the use of portable fire extinguishers, implement a hazard communication training program and evaluate powered industrial truck operators for competency. 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.

Four other-than-serious health violations involve failing to label bottles of oil with their contents and hazard warnings, affix a plate to indicate the load rating for the mezzanine storage level and include a list of hazardous chemicals used in the company's hazard communication program. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"Failing to train workers in proper lockout and tagout procedures of energy sources in a manufacturing environment places workers at risk of amputations and other serious injuries," said Howard Eberts, OSHA's area director in Cleveland. "Employers cited with repeat violations demonstrate a lack of attention to employee safety and health. OSHA is committed to protecting workers on the job, especially when employers fail to do so."

Due to the willful and repeat violations and the nature of the hazards, OSHA has placed Falls Stamping and Welding Co. 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 willful, repeat or failure-to-abate violations. [WCx]

Prior to this inspection, the first at the company's Cleveland location, Falls Stamping and Welding Co. Cuyahoga Falls facility had been inspected by OSHA 19 times.

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: [email protected].

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

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.

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