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You are here: Home / Workers Comp News / Employer Runs Afoul of Law

Employer Runs Afoul of Law

September 22, 2015 By //  by Kori Shafer-Stack Leave a Comment

If you’re an employer that reportedly has a notable history of not being up to speed on workplace safety, it can come back to haunt you over and over again.

 
For employees at a leading supplier of chicken to national fast food and supermarket brands, the dangers of amputation, electrocution and hazardous falls are all in a day’s work, and part of their employer’s long history of violating federal worker safety and health standards.

 
A U.S. Department of Labor’s Occupational Safety and Health Administration investigation of an Ohio poultry processing facility operated by Case Farms Processing Inc. found that the company was aware of the dangers, but continued to expose workers to serious and potentially fatal injuries.

 

Acting on a referral, OSHA cited the company in August for two willful, 20 repeat, 30 serious and three other-than-serious safety and health violations. OSHA assessed $861,500 in penalties and added the company to the agency’s Severe Violator Enforcement Program*.

 

“Case Farms is an outrageously dangerous place to work. In the past 25 years, Case Farms has been cited for more than 350 safety and health violations,” said Dr. David Michaels, assistant secretary of labor for occupational safety and Health. “Despite committing to OSHA that it would eliminate serious hazards, Case Farms continues to endanger the safety and health of its workers. This simply must stop.”

 

The February 2015 inspection that resulted in the Aug. 13 citations found:

 

  • Amputation hazards.
  • Fall hazards due to non-functioning fall-arrest systems, unprotected platforms and wet work surfaces.
  • Lack of personal protective equipment.
  • Numerous violations of electrical safety standards.
  • Improperly stored oxygen cylinders.
  • Lack of emergency eye-wash stations.

 

Case Farms has an extensive history of health and safety violations. Since 1988, OSHA and the Occupational Safety and Health Division of North Carolina’s Department of Labor have inspected the company 66 times at its facilities in North Carolina and Ohio, with citations issued in 42 of those inspections. A majority of the inspections were initiated after worker injuries, complaints or referrals.

 

Company in on Settlement Deal in 2013

 

In 2013, the company agreed to address safety violations in a settlement agreement with OSHA after being cited for exposing workers to dangerous machinery and other hazards at its Winesburg facility.

 

However, follow up inspections led to the issuance of citations on May 28, 2015, for one willful violation, four repeat violations, one serious violation, and one other-than-serious violation.

 

The hazards addressed by those citations include failing to ensure machines had safety guards to protect workers and allowing electrical hazards. Case Farms has contested those citations. In addition, OSHA is currently investigating Case Farms facilities in Canton, Ohio, after receiving reports of employee injuries there.
Current citations on Case Farms are available here.

 

Headquartered in Troutman, North Carolina, Case Farms Processing processes 2.8 million chickens per week at seven facilities in North Carolina and Ohio. It has more than 3,200 employees.

 

The company was provided with 15 business days from receipt of its 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.

 

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

 

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