Death Due to Willfully Unguarded Machinery Leads to $250K Fine

Santa Ana, CA – Cal/OSHA announced fines of over a quarter of a million dollars against Aardvark Clay & Supplies this week. The fines are the result of Cal/OSHA’s investigation into a 2018 worker death at the facility which has been attributed to willful failure to properly guard equipment and lack of lockout/tagout training.

Enrique Garcia-Vazques (18) died in a workplace accident at the Santa Ana (CA) clay products business on Sept. 20, 2018 when he became fatally entangled in a clay manufacturing machine called a pug mill. According to reports, Garcia-Vazques was packaging clay blocks after they were cut to size when he became caught in the unguarded mixing blades of the machine as he attempted to identify why the clay stopped traveling through the extruder. According to Cal/OSHA’s report, Enrique Vasquez Garcia sustained amputation, puncture and asphyxia-related injuries in the workplace accident.

Cal/OSHA found that machine safety guards had been purposely removed from the industrial mixer and that the worker had not received training on the machine prior to the accident. Local emergency responders tried to free Garcia-Vazques from the equipment, but sadly, in the end he was declared dead at the scene.

According to said Cal/OSHA’s statement, “Pug mills have rotating blades that can cause amputations and fatally injure employees…Employers must ensure all machinery and its parts are properly guarded, and employees are effectively trained to prevent tragic accidents like this.” Aardvark Clay & Supplies uses the industrial pug mills to manufacture and mix clay.

Investigators with California’s Division of Occupational Safety and Health found that all four of the pug mills in Aardvark’s Santa Ana shop had unguarded openings exposing employees to the moving parts. This is in direct violation of safety regulations requiring mixers to have a cover to prevent employees’ hands from entering the machine during operation. This willful failure to guard machinery was cited as one of the willful-serious violations for which Aardvark is being held accountable.

Five violations were levied against Aardvark Clay & Supplies, along with a grand total of $250,160 in proposed penalties. Among the violations, one was categorized as willful-serious accident-related, one was classified as willful-serious, two were deemed serious, and one was general. Accident-related violations are cited when the injury, illness, or fatality is caused by the violation. Serious violations are cited when there is a “realistic possibility” that death or serious harm could result from the hazard created by the violation.

The willful-serious violations were cited for the Aardvark’s failure to guard machine openings and points of operation. The serious violations identified hazards from the unguarded cutting portion of the clay machine and failure of the employer’s safety program to identify unsafe conditions, implement corrective procedures, and effectively train employees on work-related hazards.

The state of California requires employers to conduct and document inspection of safety hazards as a part of their state-mandated Injury and Illness Prevention Program. Employers whose workplaces feature machines with moving parts, such as mixers, are also required to train their employees in Machine Guarding and Lockout/Tagout in an effort to prevent exactly the type of accident that killed Garcia-Vazques.

Aardvark Clay & Supplies was found to have failed to effectively train workers on the hazards involved with operating their machinery, and then found remiss in identifying and correcting their machine safety hazards. Machine safety guards were provided by equipment manufacturer, but Cal/OSHA found that Aardvark had removed the guards. Investigators documented evidence of fabricated guards having been added to the machines at some point in their operation, but these were found to have been later removed when the employer “believed they interfered with the rate of production.”

For this reason, Cal/OSHA categorized Aardvark’s violation as willful. Willful violations are cited when the employer is aware of the law and still violates it or is aware of a hazardous condition and takes no reasonable steps to address it.

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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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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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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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LOTO Failures Responsible for TN Employee’s Death

loto failures employee deathSurgoinsville, TN – Five serious workplace safety violations have been documented at MIS Industries in an investigation following a February 12 lockout/tagout accident that killed 34-year-old Arthur James Hendrickson. Hendrickson was crushed while retrieving a part that had jammed a hangar blaster machine at the Tennessee metal finishing facility.

Local officials say that Hendrickson climbed into the hangar blaster to remove a part that had gotten lodged in the equipment. Once he removed the piece, the door closed and  Hendrickson was trapped. He was pronounced dead at the scene.

In the course of the investigation, TOSHA (Tennessee Occupational Safety and Health Administration) discovered that neither of the MIS team leaders could recall receiving training on Lockout/Tagout (LOTO) and were ignorant of any of the energy control procedures.

The TOSHA investigator concluded that team leaders on duty initiated maintenance activities on the Hangar Blaster without ensuring that the machine was de-energized to prevent unexpected startup. Lockout/Tagout is sometimes referred to as Hazardous Energy Control (or the Control of Hazardous Energy) – these terms refer to the same standard of preventing unexpected start up or movement of equipment.

It is estimated that 3 million workers service equipment and these employees face the greatest risk of injury if Lockout/Tagout is not properly implemented. Compliance with the lockout/tagout standard prevents an estimated 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. In a study conducted by the United Auto Workers (UAW), 20% of the fatalities that occurred among their members were attributed to inadequate lockout/tagout and hazardous energy control procedures.

TOSHA concluded that MIS did not make use of its energy control program, did not effectively train employees on their role in Lockout/Tagout, and also neglected to conduct periodic evaluations of their LOTO program.

The five serious violations were: employees were exposed to a caught-in hazard as they failed to apply energy control measures to the Hangar Blaster machine; written lockout procedures failed to clearly and specifically outline the steps for safely shutting down, isolating and securing machinery and equipment to control hazardous energy; MIS failed to conduct annual inspection of their lockout procedures; employees were not instructed in the purpose and use of lockout procedures; and machine guarding were found to be insufficient to protect the operator and other employees in the machine area from hazards.

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Worker Killed in Preventable Conveyor Accident

Mount Laurel, NJ – Lockout/tagout training and machine guards could have saved the life of 23-year-old Dakota LaBrecque. That’s the finding of federal workplace safety inspectors following a 2017 worker fatality at Springfield Power LLC’s Springfield (NH) biomass plant.

EWP Renewable (doing business as Springfield Power LLC) faces $125,460 in fines following the employee fatality. OSHA has cited EWP Renewable Corp. for 25 safety violations after 23-year-old employee Dakota LaBrecque was pulled into a conveyor and died from his injuries.

In investigating the facility after the worker’s death, federal workplace safety inspectors found that the conveyor and other machinery lacked required safety guarding, and employees were not trained in lockout/tagout procedures to prevent equipment from unintentionally starting.

Springfield Power was also cited for fall hazards; electric shock and arc flash hazards; and a lack of adequate emergency evacuation, fire prevention, aworker killed conveyornd hazardous energy control programs.

Rosemarie Cole, OSHA’s New Hampshire area director, stated that EWP Renewable’s “failure to protect employees resulted in a tragedy that could have been prevented if training was provided and machinery was appropriately guarded.”

OSHA requires equipment specific lockout procedures for each piece of equipment. These 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 unexpected energization or startup of machinery and equipment. Martin Technical’s Rapid LOTO lockout procedure development program is designed to provide high quality procedures that are easy to follow.

Additionally, OSHA requires that employees be trained on lockout policies and procedures. Proper training ensures that the purpose and function of the lockout/tagout or 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 the workforce.

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 can help simplify the complex by applying real-world solutions for Lockout Tagout, Arc Flash, Electrical Safety, Risk Assessments, Training, Machine Safety & Safety Consulting Services. Contact a member of our professional safety services team today.

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Worker Crushed to Death Under Heavy Machinery

PETERS TOWNSHIP, PA – Cameron Allen Funk, 19, Greencastle, was found dead at Mellott Manufacturing, according to a release from Pennsylvania State Police, Chambersburg. Funk’s death was caused by a heavy piece of machinery falling on him.

Dispatchers identified the incident as an industrial accident with entrapment when first calling emergency personnel to the scene. An update soon after indicated there was no entrapment, but that a person was dead. State police arrived on scene around 3:00 PM on Wednesday, February 28.

heavy machinery

State Police, the Franklin County Coroner’s Office and OSHA are investigating the incident. As of right now the death ruled an accident.

“The employer has no prior OSHA inspection history,” said Joanna P. Hawkins, deputy regional director for the U.S. Department of Labor, Philadelphia. “OSHA has up to six months to complete its investigation.”

Mellott Manufacturing makes conveyors and machines for the sawmill, pallet and woodworking industry. Sixty employees work there, per the company’s website.

This is the fourth death in Franklin County, PA in the last month from heavy machinery. Three people died earlier this month as a result of a crane accident at Manitowoc Crane in Shady Grove, just east of Greencastle.

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Machine Guarding Death at AL Polymer Facility Deemed Preventable

Helena, AL – OSHA has proposed fines of $195,144 against ABC Polymer Industries LLC after an employee suffered fatal injuries when she was pulled into a plastics recycling machine at the Alabama facility in 2017. OSHA has determined that ABC Polymer’s machine guarding failure was “willful” and resulted in what they’ve called a “preventable tragedy.”

Following their investigation, OSHA levied one willful citation against ABC PolyMachine guardingmers for failing to provide machine guards which protect employees from hazards like getting caught in machinery and amputation dangers. Of the 16 violations found at the AL facility, the willful machine guarding failure amounts to the largest portion of the proposed fine total. OSHA’s Birmingham Area Office issued a statement: “This company’s failure to install machine guarding equipment has resulted in a preventable tragedy.”

ABC Polymer Industries was also cited for repeat, serious, and other-than-serious violations, including failing to evaluate all powered industrial trucks every three years, not having machine specific lockout tagout procedures, and failing to install a rail system on both sides of an open platform.

According to the local Coroner’s office, the employee, Eva Saenz (age 45), was working next to rollers and bent over to cut a piece of plastic when she got pulled up into the rollers and equipment. She was pronounced dead at the scene by emergency responders.

ABC Polymer Industries makes polypropylene bulk storage bags and flexible containers for industrial markets. They are one of the largest suppliers of flexible intermediate bulk containers in North America as well as a manufacturer of polypropylene concrete fibers, and extruded PP products, including microsynthetic and macrosynthetic concrete fibers.

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Worker Dies After Leg Caught in Machinery

Canton, OH – A Fresh Mark employee died recently after his leg was caught in a waste grinder. Ohio’s Stark County Coroner’s Office stated that 62-year-old Samuel Martinez stepped into a chute and was caught in a waste grinder at the meat processing plant outside of Cleveland. employee diedAuthorities say he died at the scene.

Fresh Mark Inc. supplies grocery stores, restaurants, and food service companies with bacon, ham, hot dogs and deli meats.

Fresh Mark officials are working with authorities to determine the cause of the accident.

Machine safety is crucial to workplace safety. Machine Safety and Lockout Tagout procedures, training, and awareness save lives, maintain production schedules, and keep machinery operational on a daily basis and are the foundation of a safe and efficient workplace.

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Father of 3 Killed in Lockout Accident at Ink Factory

lockout accidentAuburn, New South Wales – Craig Tanner (42), father of three, was killed in a tragic lockout accident at an industrial ink manufacturer in West Sydney, Australia. Two other workers were hospitalized after also being trapped in the vat of ink. The three workers were cleaning the ink vat as part of a routine maintenance check when they became stuck at the DIC Australia Ink factory.

The men became trapped when a mixing blade unexpectedly started up while the tank was being cleaned at the factory. Tanner was working at DIC as a contractor. He was inside and cleaning the tank when the blade started moving and cut into his legs.

The vat was a cylinder shape, about 26 feet high with a mixing blade inside. Rescuers used manhole access at the bottom of the of the confined space to reach the workers. “Ink slush” at the bottom of the vat plus the confined nature of the space made the rescue extremely difficult. It took four hours to free the men who were covered in black ink, which further complicated their rescue and treatment.

A thorough investigation will be made to identify cause(s) of the accident, with special attention paid to how the mixing arm of the large vat accidentally switched on when the men were inside it at the time.

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