Any injury to an employee on the job should be considered serious, but especially in cases where it leads to life-changing events.
In a recent case, the U.S. Department of Labor’s Occupational Safety and Health Administration cited Wisconsin’s Gilman Cheese Corp. for 10 safety violations totaling $126,700 in proposed fines.
A worker had two fingers amputated by an unguarded cheese packing and labeling machine at the Gilman factory. A January inspection was prompted by a referral. OSHA found that another worker suffered a similar amputation in January 2012.
Injury Could Have Been Prevented With Lockout/Tagout Procedures
“This tragedy could have been prevented if Gilman Cheese Corp. ensured adequate machine guarding and lockout/tagout procedures,” said Mark Hysell, OSHA’s area director in Eau Claire. “Too often, compromised safety procedures have tragic consequences. OSHA is committed to protecting workers on the job.”
A pair of willful violations involve failing to develop and train workers on machine-specific lockout procedures to prevent unexpected start-up and lockout machinery during servicing and maintenance, and to provide adequate machine guarding. 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.
Additionally, half a dozen serious violations involve inadequate guarding on a bench grinder and a portable grinder; lack of adequate emergency eyewash stations for workers handling corrosives; operating powered industrial vehicles without adequate training and inspections; using a flexible cord as permanent wiring; lack of an electrical safety program; and failing to provide training on bloodborne pathogens to those who cleaned equipment following the amputation. 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.
A pair of other-than-serious violations include obstructing a means of egress and using compressed air greater than 30 pounds per square inch for cleaning. 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.
Company Placed in Severe Violator Enforcement Program
Because of the hazards and the willful violations cited, Gilman Cheese Corp. 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.
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.
Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: [email protected].
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