Lockout Accident Costs Employee 1 Finger and Ice Cream Co $103,000

Lakewood, NJ – A preventable lockout/tagout accident at a New Jersey ice cream manufacturer has left one employee missing a finger and the company owing $103,000 in fines to OSHA.

OSHA fined the ice cream maker, Mister Cookie Face, located near Rutgers University, $103,000 after an employee lost a finger and fractured another while performing maintenance on a machine. An inspection by the U.S. Department of Labor found numerous “machine safety hazards,” according to a release from the department.

The department cited the company, which manufactures ice cream bars and sandwiches, for not having a safety lockout procedure on the machine that would have prevented it from starting unexpectedly during maintenance activities.

Lockout procedures provide detailed instruction on how to isolate and lock each energy source for a given piece of equipment, helping to prevent the startup of machinery or equipment that may result in injuring a worker.  As OSHA’s regional director stated, “this injury could have been avoided with worker training and the use of lockout/tagout procedures.”

Mister Cookie Face was also penalized for not making sure employees used “personal protective equipment,” not providing an eyewash station where employees used corrosive chemicals and for exposing its employees to “bloodborne pathogen hazards.”

The Mister Cookie Face is owned by Fieldbrook Foods Corp of Dunkirk, New York.

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Willful Violation Leads to Lockout/Tagout Accident

Green Bay, WI – JBS Green Bay faces $221,726 in federal workplace safety fines after equipment violations led to a lockout/tagout accident that injured an employee’s hand. OSHA issued one willful violation and 10 serious violations after their investigation documented a lack of machine guarding and lockout failures at the Green Bay (WI) beef processing facility.

willful violation

According to the Department of Labor, a JBS employee “reached into a machine to move a box when the rake activated and caught his left hand, pulling it into the machine.” The employee suffered a fracture, puncture wounds, lacerations, and a pinched nerve as a result.

More than half of the $221,726 total fine was for the willful violation. OSHA defines willful violations as those “in which the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety.”

JBS was cited for not having machine guards which protect workers from dangerous parts and moving machinery. OSHA’s inspection also noted a serious violation related to failure to turn off machinery prior to maintenance or service work.

Another of the serious violations was for not having “developed and documented” lockout tagout procedures. These written documents outline equipment-specific instructions for how to safely de-energize equipment. Lockout/Tagout safety measures keep workers safe while they perform maintenance and service tasks like the act of clearing a jammed machine that precipitated this accident.

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NJ Lumber Co Fined $106,432 for Lockout Failures

Medford, NJ – DuBell Lumber has been issued $106,432 in OSHA penalties following a federal workplace safety investigation that revealed multiple failures to protect the health and safety of workers at its New Jersey facility.

DuBell Lumber was investigated in response to a complaint of workplace safety and health hazards. Federal safety inspectors identified failures to properly control combustible dust resulting from wood processing; failures to train employees on how to control the release of hazardous energy; failures in DuBell’s lockout/tagout procedures and program; and failing to install machine guards to protect employees from amputations.

Lockout, or lockout/tagout, procedures provide detailed instruction on how to isolate and lock each energy source for a given piece of equipment. These written procedures help to prevent the unexpected startup of machinery or equipment that may result in a worker injury.

lockout

Millions of American workers service equipment each day – these employees face the greatest risk of injury if lockout/tagout is not properly implemented. It is estimated that compliance with the federal lockout/tagout standard prevents 120 fatalities and 50,000 injuries each year. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation.

OSHA requires that employees be trained on lockout policies and procedures. Training is done to ensure that the purpose and function of the energy control program are understood by employees and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees.

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Loose Valve Cap Kills Employee in TN

Cookeville, TN – Police report that a loose valve cap has caused the death of an employee at M&E Industries.

A valve valve capcap on a highly pressurized tank came loose and hit M&E Industries employee Dewey Mayberry in the chest, critically injuring him. Mayberry was taken to a local medical center where he was pronounced dead.

Tennessee OSHA is investigating M&E Industries following the fatal industrial accident.

Dewey Mayberry, age 65, had worked at the M&E Industries plant since 2003. He is reported to have been performing his typical daily job duties when the accident occurred. Local police describe the valve cap as being thick metal and estimate it to have been the size of a “salad plate…about six inches in diameter.”

The M&E Industries facility in Cookeville produces refueling equipment such as filters, filter housings, and filter separators.

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Worker Fatally Struck in Pressure Release Accident

pressure releaseTar Heel, NC – The North Carolina division of OSHA has launched an investigation into operations at the Smithfield Packing Plant in Bladen County (NC) after a mechanic was killed in a pressure release accident on the job last week.

According to sources, the fatal workplace accident began when Michael Jessup (age 55) became trapped in a piece of machinery. Jessup was performing repairs on a conveyor belt and was on a scissor lift at the time of the accident.

NC Department of Labor stated that Jessup “was struck in the head by a cylinder while trying to remove a bent wheel from a chain drive. The employee switched the airline hoses to relieve pressure from the chain when [he] was stuck.”

Emergency personnel were called to the facility where they pronounced the man dead at the scene as a result of trauma to the head. Jessup had been employed by Smithfield for about a decade.

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Willful Violations Lead to Preventable Amputation

Pennsauken, NJ – Failure to implement OSHA recommendations has led to an amputation and over $200,000 in fines for willful violations documented at an NJ snack food manufacturing facility.

A worker at J&J Snack Foods Corporation suffered a partial finger amputation in a lockout accident that could have been prevented by rectifying prior violations identified by OSHA. Following an investigation, J&J faces $206,019 in fines for federal workplace safety violations, including willful violations.

OSHA’s investigation found that failures to correct previously issued workplace safety violations led to the amputation accident at J&J’s Pennsauken manufacturing facility. The snack-food maker failed to correct prior violations of safety procedures known as lockout/tagout procedures which are written instructions for de-energizing each piece of equipment.

OSHA inspectors determined that the worker was cleaning a machine when it activated. This is typical of accidents whose cause can be traced back to lockout/tagout failures or energy control hazards.

Million of American workers service equipment as a part of their job, and these people face the greatest risk of injury if lockout/tagout is not properly implemented. It is estimated that compliance with the federal lockout/tagout standard prevents 120 fatalities and 50,000 injuries each year. Workers injured on the job from exposure to hazardous energy lose an average of 24 workdays for recuperation. OSHA’s area director stated that “the employer’s failure to correct previously identified violations and follow basic safety standards resulted in this preventable incident.”

J&J was cited for willfully failing to conduct periodic inspections of energy control procedures used to de-energize equipment when cleaning; failing to implement lockout procedures to prevent unintentional machine start-up; and failing to train employees on lockout/tagout procedures and energy hazards.

OSHA requires that employees be trained on lockout policies and procedures. Training is done to ensure that the purpose and function of the energy control program are understood by employees, and that the knowledge and skills required for the safe application, usage, and removal of the energy controls are acquired by employees.

J&J Snack Foods Corp manufactures popular snack foods like soft pretzels, churros, water ice, and frozen lemonade for popular brands sold throughout the United States.

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Young Father Loses Both Legs in Preventable Lockout Accident

Spooner, WI – Spooner Machine has been cited for willful and serious safety violations after a preventable lockout accident led to an explosion that resulted in the amputation of a young father’s legs. OSHA has placed Spooner Machine Inc. on its Severe Violator Enforcement Program, and has proposed penalties of $221,168.

According to local police, Spooner Machine employee Bradley Grossen, 29, suffered life-threatening injuries as a result of the explosion at the Wisconsin facility. Grossen was reportedly repairing a water table used in metal fabrication when an explosion threw him from the top of the water table to the floor.

Federal workplace safety investigators determined that the explosion was caused by an accumulation of hydrogen gas. OSHA cited Spooner Machine for failing to develop and implement procedures to control the release of hydrogen gas during service and maintenance; to ensure proper machine guarding; store gas and oxygen cylinders properly; to provide required training; and protect employees from electrical hazards.

preventable lockout accident

OSHA’s Area Office Director stated that “this injury could have been prevented if the employer had properly protected their workers from the release of hazardous energy.”

Lockout/Tagout (LOTO) and Hazardous Energy Control/Control of Hazardous Energy refers to the same standard of preventing unexpected start up or movement of equipment. The terms are used interchangably, although “Lockout” is more commonly used in the United States.

Written Lockout/tagout procedures provide detailed instruction on how to isolate and lock each energy source for a given piece of equipment, helping to prevent the startup of machinery or equipment that may result in worker injuring.

Violations of federal workplace safety standards regarding lockout-tagout (or hazardous energy controls) are on OSHA’s Top 10 “Most Often Cited Violations” and Top 10 “Most Serious Violations” lists. Many companies have general written policies, but lack the equipment specific procedures which provide workers with the specific steps to properly isolate energy sources. Lockout/Tagout fines are based on each piece of equipment, and can add up to tens or hundreds of thousands of dollars.

Written procedures for the control of hazardous energy are not effective without training. OSHA requires that employees be trained on lockout policies and procedures to ensure that the purpose and function of the energy control program are understood by the workforce. A robust lockout program pairs equipment-specific lockout procedures with employees who have the knowledge and skills required for the safe application, usage, and removal of the energy controls.

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Disney Contractor Killed in Slip/Fall + Confined Space Accident

Orlando, FL – A fatal combination of slip/fall and confined space hazards lead to the death of Harvest Power employee John Korody. Korody died after falling into a vat filled with oil and grease outside of Walt Disney World last month. The slip/fall hazard was compounded by overwhelming fumes surrounding the oil vat.

The accident happened at the Harvest Power facility that contracts with Disney World to recycle the resort’s food waste and convert it into renewable energy and fertilizers.

Two Harvest Power employees were emptying oil and grease byproduct from a semi-truck into a vat when Korody slipped on a grate and fell in. Korody’s co-worker tried to pull him to safety but fumes from the oil and grease byproduct overwhelmed both workers, and Korody slipped farther into the vat. Korody was pronounced dead at the scene, and the local Fire Department helped to recover his body.

slip/fall

OSHA estimates that about 90 deaths involving confined spaces occur every year in the US and unfortunately, two-thirds of those killed are workers attempting to rescue someone else from the confined space.

Many workplaces contain areas that are considered “confined spaces” because while they were not necessarily designed for people, they are large enough for workers to enter and perform certain jobs. A confined space also has limited or restricted means for entry or exit and is not designed for continuous occupancy. Such spaces include (but are not limited to) tanks, vessels, silos, storage bins, hoppers, vaults, pits, manholes, tunnels, vats, equipment housings, ductwork, and pipelines.

OSHA outlines national workplace safety standards for permit-required confined spaces and the serious hazards they post to American workers. In addition to the difficultly in accessing and exiting confined spaces, these sites are often inadequately ventilated and/or trap noxious air. Without proper training, signage, and hazard mitigation planning, confined space conditions can result in tragic fatalities.

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Chemical Explosion and Fire Kill Two at PA Army Depot

Chambersburg, PA – OSHA is conducting an investigation at Letterkenny Army Depot following a chemical explosion which sparked a fire that killed two employees.

Eric Byers (age 29) of Huntingdon County (PA) and Richard Barnes (age 60) of Greencastle (PA) died from their injuries, two other workers were treated at a nearby hospital and released for smoke inhalation.

The explosion and fire at Letterkenny Army Depot occurred on July 19, 2018 and were caused by an accident with a chemical in the paint shop of Building 350. According to the Depot Commander, the chemical in question was being used in normal processes. Officials have declined to specify which chemical sparked the fatal explosion and fire.

Building 350 is used for maintenance and upgrades on military vehicles. The building was not damaged in the explosion or fire.

The Depot Commander reports thatchemical explosion corrective action has been taken, including additional training and signs, with further steps planned to minimize the risks associated with chemical use.

As part of the Center of Industrial and Technical Excellence for Air Defense and Tactical Missile Systems, Letterkenny Army Depot facilities conduct maintenance, modification, and storage. It is the largest employer in Franklin County, PA.

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Owners Charged with 22 Count Indictment for Falsifying OSHA Documents

Omaha, NE – In a 22-count indictment, Nebraska Railcar Cleaning Services and its co-owners have been charged with falsifying OSHA documents and other federal worker safety violations which prosecutors say resulted in the deaths of two men in an April 2015 Omaha confined space accident.

The president of Nebraska Railcar Cleaning Services (NRCS), Stephen Michael Braithwaite, and co-owner Adam Thomas Braithwaite, are charged with submitting false documents to a federal agency and violating the Resource Conservation and Recovery Act. Adam Braithwaite also is charged with perjury, according to the federal indictments.

An explosion killed two NRCS workers and injured a third on April 14, 2015 as they were clearing a rail tanker. NRCS tested the rail cars following the explosion and found the contents to be hazardous. U.S. Attorney Joseph Kelly alleges the Braithwaites and NRCS failed to implement worker safety standards, and then tried to cover up those shortfalls following the explosion.

Acting Assistant U.S. Attorney General Wood stated that “protecting the health and safety of American workers at hazardous job sites is of paramount importance…The defendants in this case failed to live up to that responsibility, even falsifying documents to evade worker safety requirements. Tragically, employees at the defendants’ facility lost their lives while working in these unsafe conditions.”

Dallas Foulk and Adrian LaPour died in the 2015 confined space accident.

Aurora LaPoure, Adrian LaPoure’s mother, said her family feels a bit of relief, after hoping for justice all this time: “They violated a lot of codes, they did a lot of wrong and they killed two people,” she said. “I feel a lot of anger because this could have been prevented. Had the company done right and followed safety rules this could have been prevented. [Adrian] would still be here.”

Robert LaPoure, Adrian’s brother, hopes to see Stephen and Adam Braithwaite convicted: “I’m glad that something is finally being done. They’re going to be held accountable and hopefully justice will prevail,” he said.

OSHA regulations require air in confined spaces, like inside rail tankers, be tested for various gases including flammable and explosive fumes. According to the indictment, Stephen Braithwaite turned away federal safety inspectors in March 2015 and created documents to falsely show that NRCS had been purchasing equipment to test rail cars for the presence of benzene. The company was required to do this before sending rail cars to a landfill, but the indictment alleges that NRCS failed to do so.

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