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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While workplace safety should never be taken for granted, sometimes it takes a sizable fine to get the attention of an employer.
In a recent case, SDS Lumber Company of Bingen, Wash., was hit with a fine of $244,600 for 69 workplace safety and health violations after a worker was seriously injured in March. The Department of Labor & Industries (L&I) cited the employer for one willful, 54 serious and 14 general violations of safety and health rules.
L&I determined that a lack of training and proper safety procedures left the lumber mill worker with severe injuries when his arms became entangled in machinery while trying to clear a jam.
A willful violation is cited when L&I alleges that the violation was committed with intentional disregard, plain indifference, or when employers substitute their own judgment for safety and health regulations.
Hospitalization of Worker Kicks Off Investigation
L&I began an investigation on March 9 after being notified that the worker had been hospitalized. By law, all employers are required to report to L&I within eight hours anytime a worker is hospitalized or dies due to work-related causes.
“This incident shows the importance of Washington’s hospitalization reporting rule,” said Anne Soiza, assistant director for L&I’s Division of Occupational Safety and Health. “In most other states, a hospitalization involving only one worker does not have to be reported and the serious hazards could continue unabated. In our state, we are able to send inspectors right away to ensure the safety of the other workers.”
The investigation found that managers and supervisors were aware that workers routinely bypassed machinery safety guards to try and clear jams while the machinery was still in motion.
Consequently, the company was cited the maximum penalty allowed by law, $70,000, for a willful violation. Additionally, because the willful violation was associated with a worker’s serious injuries, the company will now be part of the Severe Violator Enforcement Program, an OSHA program that monitors severe safety violators.
The injury incident prompted comprehensive safety and health inspections of the entire plant. In addition to the machinery violations, the department found serious hazards related to chemicals, hazardous and flammable substances, bloodborne pathogens, confined work spaces, electrical and fall protection.
Fortunately, a large number of violations were corrected during the inspections.
