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.
Auburn, AL – Arkal Automotive USA Inc. faces $47,857 in proposed federal workplace safety penalties after an investigation of its Auburn (AL) plant revealed that workers were exposed to electrical and amputation hazards.
According to OSHA, Arkal Automotive was cited for inadequate machine guarding, failure to implement lockout/tagout (LOTO) procedures to keep workers safe during machine maintenance and servicing, failing to implement safety procedures for entering a robotic cage, and for exposing employees to hazardous energy.
OSHA’s fines and citations were issued following a complaint that employees were not properly protected while entering injection molding machines. Joseph Roesler, OSHA’s area office director, stated that “Arkal Automotive USA Inc. failed to identify and correct hazards to ensure the safety and health of their employees.”
Multiple lockout/tagout failures were revealed in the course of the OSHA investigation. Arkal Automotive was found lacking proper lockout procedures for working with robots or molds, including when removing parts or cleaning molds. Additionally, safety inspectors found an insufficient amount of the required lockout equipment for employees to use for hazardous energy control. The OSHA complaint said the company failed to ensure that if more than one employee was working in a robotic area, each employee had individual lockout devices.
It was also reported that Arkal Automotive failed to ensure continuity of lockout procedures on shift change and did not have adequate machine guarding when employees reached under a portion of a robot cage to retrieve parts and pass to the operator while the machine was running.
According to OSHA records, the same facility was issued four serious violations in 2017 for lockout hazards and other violations.
Arkal Automotive is a company based in Israel, with production plants worldwide. The Auburn (AL) injection molding plant opened in 2011, and is their only production plant in the US. The Auburn facility produces door carriers, wheel liners and other functional auto parts.
Baiting Hollow, NY – A worker is in critical condition after he became stuck inside a conveyor belt housing. Once in the confined space, the man lost consciousness and went into cardiac arrest at the sand and gravel pit where he was working.
According to local police reports, the 40-year-old man “became lodged inside the conveyor belt housing of a plant screener that is used for sifting soil on the property.”
The worker, currently in critical condition, is an employee of BGLJ Servicing Corporation. He was working at a property used for excavating material.
The employee shut the conveyor off and crawled into a small opening to free a jam. While in the space, he got stuck and lost consciousness. His co-worker pulled him out and emergency responders were called to the scene.
Lockout/Tagout violations were the #5 most commonly issued OSHA violation in 2016, the #2 most common willful violation, and the #4 most commonly cited serious violation in the past year as presented by Patrick Kapust (deputy director of OSHA’s Directorate of Enforcement Programs) at the 2016 National Safety Council Congress & Expo in Anaheim, CA.
In sharing OSHA’s Top 10 list of most frequently cited violations for 2016, Kapust recommends that each safety manager looks at the list and compare it to their own workplace. Since these are the most common violations OSHA is finding in the US, Kapust suggests that EHS managers ask themselves: “Would they find these at my workplace?”
Fall Protection was the most cited OSHA violation for the sixth year in a row. Hazard Communication and Scaffolding were second and third most common, which is unchanged from 2015’s top 10 most cited. Respiratory Protection and Lockout/Tagout were the next most common, in fourth and fifth position.
OSHA’s standards for Lockout/Tagout (or LOTO) outline the minimum performance requirements for the control of hazardous energy during servicing and maintenance of machines and equipment.
While Lockout violations are the fifth most common overall, LOTO was the #2 most common willful violation in 2016. Willful violations are defined as those “committed with an intentional disregard of or plain indifference to the requirements of the Occupational Safety and Health Act and requirements.”
Additionally, Lockout/Tagout represented the #4 most common serious violation issued in 2016. Serous violations are those which pose a “substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.”
Under the guise of its “Standard Improvement Project” rulemaking, OSHA recently announced a change to 1910.147 Control of Hazardous Energy standard, commonly known as lockout / tagout. The change focuses around removing the word “unexpected” from the statement “servicing and maintenance of machines and equipment in which the unexpected energization or start-up of the machines or equipment, or release of stored energy, could harm employees.” It’s just one word, but for some companies, this could represent a big change as this will broaden the scope of when lockout must be applied.
The change stems from the companies who have relied on visual, audio or other alarms that signal the “expected” energization of a machine, providing workers enough time to clear the area, such as the warning signals commonly found on baggage claim carousels before they start up. In interpreting the current OSHA standard, these types of alarms would not fall under the “unexpected” start-up of machinery, and therefore, are not subject to the lockout requirements for that task. This interpretation has been backed by the United States Court of Appeals for the Sixth Circuit in Reich v. General Motors Corp., Delco Chassis Div., 89 F.3d 313 (6th Cir. 1996) when they rejected an OSHA “interpretation” that would have deprived the word of meaning. OSHA had argued that the standard applies if “employees could be injured if the equipment is energized . . . during the servicing operation”—an “interpretation” that the court rejected because it “expressly omits the word ‘unexpected.’” Judges of the Occupational Safety and Health Review Commission have also vacated citations that relied on the word “unexpected.”
So with the removal of the word “unexpected”, the standard will mean lockout shall be applied whether the start-up or energization of the machine is unexpected or expected. Many of the tasks performed under the alarms will still be viable without lockout as they meet the minor servicing exception 29 CFR 1910.147(a)(2)(ii), but some tasks will not eliminate or control all the hazardous energy from the zone where the worker is, in which case lockout will be required. This biggest impact for this will be for manufacturing lines where stopping the lines can mean destruction of the quality of the product if it sits too long due to the change in structure of the product, such as the hardening of chocolate.
While many organizations are viewing this as a restrictive step backwards, OSHA claims that this will improve protection of the workers under the standard without adding negative economic impacts. I would agree with OSHA on the point that it will improve worker protection, as notification of a machine starting does not eliminate the hazardous energy if someone is still in the danger zone. It really is consistent with the rest of the standard whereby hazardous energy sources must either be guarded from workers, or eliminated / blocked if there is no guard. From an economic impact, some companies will have to invest in re-engineering some machines in order to perform tasks while eliminating the hazardous energy, which will have short term economic impacts on them, but long term, it might be a benefit. Using the ANSI Hierarchy of Controls, “Elimination” is the most effective and first choice for risk management, so if the change in the standard pushes companies to find ways to perform the task while eliminating or “guarding” the hazard, this would both improve worker safety, and potentially allow some tasks to be performed faster if there is no concern for hazards.
What will be most interesting about this change, however, is the juxtaposition of the broadening and tightening of the OSHA standard, while the updated ANSI Z244.1 standards will seemingly suggest to loosen the standard with a higher acceptance of some interlocks as an acceptable or alternative means for machine safety. OSHA letters of interpretation make it clear that interlocks are not acceptable means for controlling hazardous energy when a worker is in the danger zone, so while the “unexpected” change will create some headaches for a select few, the real battle with OSHA on lockout still lies ahead.
Bakerhill, AL – OSHA has issued 12 citations for serious safety violations to a meat processing plant located in southeast Alabama. An investigation was triggered after an employee’s fingertip was amputated in an accident at the Keystone Foods processing plant in Bakerhill (AL). OSHA is proposing $76,734 in fines.
In March of this year, a 65-year-old employee lost the tip of his index finger while cleaning an overhead saw blade at the plant. OSHA’s subsequent investigation uncovered numerous serious safety violations including amputation hazards due to unguarded machinery and failure to follow safety procedures to prevent machinery from starting while cleaning, among others. Such procedures are known as Lockout/Tagout.
OSHA laws require each piece of equipment to have lockout procedures written specifically for it. These lockout procedures provide detailed instructions on how to isolate and lock each energy source for a given piece of equipment. Lockout/Tagout (or LOTO) helps to prevent the unexpected energization or startup of machinery and equipment, and/or prevents the release of hazardous energy during service and maintenance activities. Writing equipment-specific procedures for each piece of equipment can seem like the most difficult part of implementing a lock out tag out program in any kind of manufacturing facility – Martin Technical’s Rapid LOTO lockout procedure development program is designed to provide high quality procedures that are easy to follow.
Approximately 3 million workers service equipment and these people face the greatest risk of injury if lockout/tagout (LOTO) is not properly implemented. Compliance with federal lockout/tagout standards prevents an estimated 120 fatalities and 50,000 injuries each year. Contact a Martin Technical Safety and Compliance Expert today to discuss how we can help your company implement an effective lockout/tagout (LOTO) program and policy for your facility.
The Keystone plant in Bakerhill (AL) is operated by Keystone Foods of West Chester (PA). Keystone is a supplier of fresh and frozen food products including poultry, beef, fish and pork.