The death of an employee while on the job in New York City has led to repercussions for the employer.
Recently, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) cited Cooper Tank & Welding Corp., doing business as Cooper Tank Recycling, for eight serious health and safety violations following the heat-related death of a 64-year-old worker at the Brooklyn recycling facility on 222 Maspeth Ave.
“This was a needless and preventable loss of life,” said Kay Gee, OSHA’s area director for Brooklyn, Manhattan and Queens. “This employer failed to train workers and implement safeguards that could have protected them from excessive heat conditions. Workers were also exposed to potentially fatal injuries from falls, electrocution and unguarded operating machine parts.”
On July 19, 2013, the worker, who later suffered from heat illness and died, had been working for several hours on a conveyor line, sorting and recycling construction and demolition waste. Workers were exposed to excessive ambient heat stemming from environmental sources and the heat generated by recycling machinery.
Investigation Showed Lack of Temp Controls
OSHA’s investigation found that the company failed to inform and train workers on the recognition, prevention and treatment of heat-related illnesses and did not provide temperature controls in the work area or implement a work/rest regimen.
A feasible and acceptable means of addressing excessive heat includes, but is not limited to, establishing a heat stress management program containing training, procedures for heat acclimatization and what to do in emergencies.
OSHA also found workers exposed to falls of 20 to 40 feet due to unguarded wall openings, missing guardrails and lack of fall protection equipment; electrocution hazards from an ungrounded electrical outlet and power cord; and lacerations and amputations from unguarded grinders. As a result, eight serious citations were issued.
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.
The company, which faces $40,500 in fines, was given 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com. Contact: kstack@reduceyourworkerscomp.com.
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