OSHA Fines Oregon Winery in Worker Death

Dundee, OR – Oregon’s Occupational Safety and Health Agency (OSHA) has investigated the death of a worker at an Oregon winery that occurred on February 1st. OSHA fined the Oregon Winery for the worker’s death. The violations were cited as confined space violations and totaled $11,100 in proposed citations.

The Oregon winery was fined in a worker death in which the worker was found unresponsive in an empty 30,000-gallon wine tank.The worker was found unresponsive on February 1st in an empty 30,000-gallon wine tank. The 39-year-old man was assigned to pump out about 500 gallons of wine remnants into another tank. Low-pressure nitrogen gas was pumped in from the top of the tank to prevent the oxidation of the wine remnants. This resulted in the man’s asphyxiation, according to the investigation.

The investigation cited Corus Estates & Vineyards LLC, a custom crush winery, for nine serious violations. In OSHA Oregon’s press release, Oregon OSHA Administrator Michael Wood stated, “Every workplace death is a tragedy. And confined spaces are unforgiving. Employers must anticipate the risks and ensure that they protect their employees who enter confined spaces. When something goes wrong in such a space, it is already too late to address the problem.”

The specifics of the violations and penalties are laid out below. Oregon OSHA cited Corus Estates & Vineyards for the following serious violations:

  • Not performing initial testing for atmospheric hazards before entry.
  • Not ensuring that a required attendant and entry supervisor was designated for the permit confined space entry.
  • Not developing procedures to ensure employees who are entering permit confined spaces with alternate entry procedures are following those procedures.

Total proposed penalties for the above violations: $7,500

  • Not ensuring that all confined space permits were reviewed after they were canceled. Several of the permits were not filled out and were missing required information.
  • Not making sure all confined space entry permits included information about rescue services and how to contact them.

Total proposed penalties for the above violations: $1,200.

  • Not having permit entry rescue procedures, including the process for contacting rescue services.
  • Not conducting practice entry rescues for presses, tanks, and below-ground permit-required confined spaces.

Total proposed penalties for the above violations: $1,200.

  • Not training employees on recognizing confined spaces or procedures necessary to safely enter a confined space before an employee’s assigned duties changed.
  • Not ensuring that all employees, whose primary language was Spanish, were proficient in their assigned confined space duties.

Total proposed penalties for the above violations: $1,200

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Multiple Companies Cited by OSHA for Worker’s Fatalities at Food Group Plant– Gainesville, GA

Gainesville, GA– OSHA of the US Department of Labor cited Foundation Food Group Inc. and three other companies for a total of 59 violations and a combined $998,637 in penalties following its investigation of a liquid nitrogen leak that killed six people working in a Prime-Pak Foods processing plant in Gainesville, GA.

The incident occurred January 28th, after a freezer at the plant malfunctioned, releasing colorless, odorless liquid nitrogen into the air, displacing the oxygen in the room. OSHA said in its report that three maintenance workers entered the freezer room without safety precautions. The three maintenance workers and three other workers died immediately.

companies cited by OSHA for worker's fatalities

OSHA investigated the incident and found that Foundation Food Group and Messer LLC of Bridgewater, NJ, “failed to implement any of the safety procedures or necessary to prevent the accident and found that did not do safety training for employees on the safety procedures they can take to protect themselves, and the methods used to detect the presence or release of nitrogen, the hazards of liquid nitrogen, and emergencies.

“This horrible tragedy could have been prevented had the employers taken the time to use – and teach their workers the importance of – safety precautions,” said OSHA Regional Administrator Kurt Petermeyer in Atlanta. “Instead, six workers died because their employers failed to follow necessary procedures and to comply with required safety and health standards. We hope other industry employers learn from this terrible incident and comply with requirements to prevent similar incidents.”

OSHA cited Foundation Food Group Inc. for 26 violations for the uncontrolled release of liquid nitrogen; the Company also failed to develop, document, and use lockout procedures, nor ensure the procedures were shared between the host employer and contractors. The Company faces $595,474 in penalties.

FS Group Inc., which manufactures equipment and provides mechanical servicing, was also cited by OSHA for eight serious violations for failure to train workers on the physical and health hazards and emergency procedures. The Company also failed to ensure the development and use of specific written lockout procedures and ensure that the host employer and contractors shared information on lockout procedures. FS Group faces $42,325 in penalties.

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Facility Given 22 Serious Citations by OSHA

COLUMBUS, GA – A Facility has been given 22 serious citations by OSHA. HPPE LLC was given a safety and health inspection at its Columbus chemical manufacturing facility. According to ValdostaToday, the inspection was conducted under OSHA’s Regional Emphasis Program for Powered Industrial Trucks. The inspection has resulted in a proposed $136,816 in penalties.A Facility has been given 22 serious citations by OSHA, confined space among them.

Among the 22 serious citations were citations for confined space, fall protection, and lockout tagout. The investigation showed the employer failed to do the following:

  • Provide hazard communication program training to employees working with chemicals.
  • Establish or implement a written confined space program for workers who enter tanks and/or vats.
  • Provide employees working with chemicals with emergency means for flushing eyes and the body.
  • Display labels on containers that store chemicals.
  • Train workers operating powered industrial trucks and repair damaged storage racks with bent and damaged supports.
  • Keep doorways unlocked, marked and illuminated properly as exits, and keep doorways free of obstruction.
  • Provide guarding and other fall protection systems or training for employees working from elevated platforms and near open pits to prevent them from falling.
  • Train workers on procedures for isolating energy sources on machines while performing repair work (lockout/tagout).

Martin Technical offers training in confined space, fall protection, and lockout tagout to prevent fines such as these.

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Water Facility Cited for Fall Injury

PEWAUKEE, WI – A water facility has been cited for a fall injury in the Milwaukee area. A worker was injured in 2020. A guardrail was loosened. The worker then fell and struck his head on a support beam. The accident occurred in a nearly 30-foot deep water test pit.

The water facility cited for the fall injury is Xylem Inc. In OSHA’s press release they explain the company is being cited for nine violations. Eight of the violations are serious, and one willful. The penalties for these violations total $234,054. Over half that amount is due to the willful violation. That violation is for failure to provide fall protection.

A water treatment facility similar to the water facility cited for a fall injury.

Most the remainder of the penalties are made up by confined space safety violations. Xylem is being cited as failing to follow permit-required procedures before entering the water test pits.

The OSHA Area Director stated, “This worker’s injury could have been prevented if appropriate fall protection was provided.”

Xylem Inc. is a water company specializing in wastewater and energy. Xylem employs over 1,600 workers in the US. 57 of these are at their Pewaukee water facility that is cited for the fall injury.

The company has 15 business days from receipt to comply, request an informal conference with OSHA’s area director, or contest the findings.

Martin Technical provides training in both fall protection and confined spaces safety. These trainings prevent accidents such as this one, and the citations that can follow.

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Confined Space Violations Results in Two Deaths

Hugo, OK – A series of confined space violations have resulted in two deaths, according to an investigation by the Occupational Safety and Health Administration (OSHA). This occurred in Hugo, Oklahoma, on August 12th, 2020. As reported in an OSHA press release, one employee entered a natural gasoline rail car to clean the space. When the employee became unresponsive, a second attempted to rescue the first. This employee became unresponsive as well. Later, both workers were pronounced dead at a local hospital.Tank Rail Cars on a track with industrial buildings in the background on a clear day. This is an example image of the type of confined space the employees may have dealt with.

The rail company involved is Trinity Rail and Maintenance Service Inc. Trinity Rail is one of the largest rail car service providers in the United States. They are facing $419,347 in proposed penalties. OSHA has cited them for 11 serious violations and two willful violations due to the accident.

Among the confined space violations were, “…that the company failed to require a permit to allow entry into the rail car, ventilate the space, monitor hazards inside a confined space and complete entry permits for work inside a confined space…”

As OSHA points out in their press release, confined space work is dangerous. Following standards is the difference between making it home safe at the end of the day, or not. Martin Technical encourages all employers to train their employees in confined space safety. We also encourage training in any standards relevant to your industry. Safety training for your employees helps to avoid accidents such as these.

 

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$89,000 in Fines Following 2018 Death at Asphalt Co.

fines following deathNorth Platte, NE – OSHA issued fines this week to Western Engineering Company Inc for violations found following an employee death. In 2018, a Western Engineering employee suffered fatal injuries after being pulled into an unguarded slat/drag conveyor at the company’s Nebraska asphalt plant.

In a statement, OSHA’s Omaha Area Office Director said that “Employers are required to develop safety and health programs that address known hazards and ensure that safety procedures are followed to prevent tragedies such as this from recurring.”

OSHA has proposed penalties total $89,032. Western Engineering was cited for seven serious violations of machine guarding, lockout/tagout, and permit-required confined space standards.

The confined space violations included failure to develop a confined space entry program; failure to issue safety permits; failure to test atmospheric conditions; and failure to provide air testing and monitoring equipment.

28-year-old Andrew Martinez (of Weslaco, TX) was fatally injured at Western Engineering’s North Platte (NE) facility in November of 2018 when he was pulled into an unguarded slat/drag conveyor on the job. On the day of the event, emergency workers were called to the plant for body recovery. Upon arrival, they discovered the Martinez pinned in the machinery and deceased.

If you have any concerns about safety at your facility, please contact the Industrial Safety Experts at Martin Technical. Martin Technical is a leading provider of practical safety and efficiency services that make industrial plants and facilities better, safer and more efficient. Our experts simplify the complex by offering real-world solutions for Lockout/Tagout, Arc Flash, Electrical Safety, Risk Assessments, Machine Safety, Safety Consulting Services, and Employee Training.

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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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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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Worker Loses Both Legs in Lockout Accident at CA Foundry

Alhambra, CA – A foundry worker lost both legs last August after a coworker re-energized the machine he was working in. Alhambra Foundry has been fined $283,390 for federal workplace safety and health violations including lack of permit-required confined space program, inadequate machine-specific lockout procedures, missing accident prevention signage, and not having a confined space attendant monitoring his entry, the employee to have suffered the loss of both his lower limbs could look into hiring a workers compensation attorney to see if he is entitled to a compensation payout.

According to federal safety regulators, two Alhambra Foundry employees were cleaning and unblocking a 38-feet-long auger screw conveyor at the bottom hopper of an industrial air filtration device without effectively locking out the equipment. After the cleaning was done, one of the workers re-entered the 20-inch square opening to retrieve a work light from inside the confined space. Unfortunately, at that same time a maintenance worker 45 feet away energized the equipment to perform a test. The moving auger screw pulled the worker into the screw conveyor and both of his legs had to be amputated in Lockout Accidentorder to get him free of the machine.

The Cal/OSHA Chief stated that “sending a worker into a confined space is dangerous, especially inside machinery that can be powered on at any time…Employers must ensure that machinery and equipment are de-energized and locked out before workers enter the space to perform operations involving cleaning and servicing.”

In their investigation, Cal/OSHA found that the screw conveyor was not de-energized and locked out before workers entered the hopper, and accident prevention signs were not placed on the controls. On construction sites, construction project management software is often implemented so as to keep workers informed of ongoing dangers and avoid potential incidents. Alhambra Foundry lacked specific procedures for de-energizing and locking out the equipment and additionally, the worker re-entering the hopper was not monitored by a confined space attendant.

Unfortunately, Alhambra Foundry was cited for similar violations eight years ago and therefore were issued a willful serious accident-related violation for failing to take appropriate measures to protect workers performing cleaning and servicing operations.

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Flash Fire Injures 2 in TN Confined Space

Chattanooga, TN – Two workers performing maintenance on a sewer line in Chattanooga were injured in a confined space explosion this week. The two men were employees of SpectraShield, a subcontractor used by the City of Chattanooga.

The men were down in a manhole when the flash fire broke out, they were able to escape the confined space and call for help. Firefighters were dispatched, the fire was already confined space explosionout when they arrived. Tennessee’s OSHA division is involved in the investigation into the cause of the accident.

One worker suffered minor burns but was not hospitalized. The other was transported to a local hospital to be treated for second-degree burns.

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