SAN MARCOS, Texas – A Tortilla Factory was Cited in a LOTO violation. The lockout/tagout violation, or failure to control hazardous energy, was cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
OSHA investigated El Milagro of Texas, a tortilla factory in San Marcos, and found the failure to comply, as reported by KVUE ABC News on June 15th, 2021.
The company, El Milagro, failed to comply with LOTO procedures that would prevent the sudden start-up or movement of machines during maintenance and servicing. This citation has resulted in a fine of more than $218,000.
According to KVUE’s article, the tortilla factory that was cited in the LOTO violation by OSHA has also been cited for these violations in 2015 and 2018.
OSHA Area Director Casey Perkins was quoted as saying, “…Energy control and lockout/tagout procedures are vital to protecting workers in manufacturing facilities. OSHA will hold employers accountable when they fail to comply with requirements to prevent worker exposure to dangerous hazards.”
El Milagro of Texas will have 15 business days from the receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings.
ADRIAN, MO– A local Missouri grain facility has been cited for an injury and explosion from failing to correct critical safety procedures, including potential dust ignition sources at their Adrian grain loading facility.
Due to its negligence, the company suffered a grave explosion that seriously injured an employee and destroyed the main elevator at an Adrian grain loading facility. OSHA cited West Central Agri Services for one willful and six serious safety violations totaling $215,525 in OSHA fines.
The U.S. Department of Labor Occupational Safety and Health Administration determined the explosion could have been avoided if the company set up bucket elevators with monitoring devices that notify workers when a belt is slipping and potentially causing friction – this can ignite grain dust.
Within grain handling facilities, OSHA standards require a storage capacity of over one million bushels, and the company had not updated its dust collection system since its installation in 1974. MFA Enterprises failed to meet safety standards.
The company also did not repair an overhead trolly system used for connecting fall protection devices. The trolly system was out of service at the time of its investigation and noted violations, including a lack of preventive maintenance and a failure to designate hazardous areas existed. The company workers were exposed to fall hazards when walking atop the railcars to open and close the hatches without fall protection which is inconsistent with fall protection training and safety measures.
MFA Enterprises Inc. is one of the region’s oldest agricultural cooperatives and brings together 45,000 farmers in Missouri and adjacent states. Together with working with OSHA’s Grain-Handling Safety Standard focuses on the grain and feed industry’s six significant hazards: engulfment, falls, auger entanglement, “struck by,” combustible dust explosions, and electrocution hazard.
“West Central Agri Services failed to follow industry standards and create company policies for safe grain handling, and needlessly put their workers in danger,” said OSHA Regional Administrator Kimberly Stille in Kansas City, Missouri. “Grain handling hazards can be avoided by using well-known safety measures that are proven to help prevent workers from being injured or killed.”
CATHEDRAL CITY, CA – OSHA has fined contractors for a fatal accident in which a metal gate collapsed and crushed a 41-year-old construction worker. The metal gate weighed 3,000 pounds and was located near the casino’s loading dock.
The accident occurred on December 7th 2020 at Agua Caliente Casino Cathedral City, according to OSHA’s press release. OSHA’s investigation that followed found the project’s contractors failed to conduct inspections to discover hazards, instruct employees on how to recognize workplace dangers, and install caution signs to warn workers about potential hazards. The three contractors, Penta Building Group, No Limit Steel and The Raymond Group, face $64,169 in combined penalties.
OSHA Area Director Derek Engard was quoted as saying “Required oversight and communication related to workplace safety and health could have prevented this tragic loss of life. This case is a painful reminder of why employers must make complying with workplace safety standards a priority.”
MARLTON, NJ – Six contractors were cited for fall safety hazards on a luxury home construction site. OSHA listed the six companies in their press release put out on Monday. Combined, there were 4 willful and 35 serious violations. Most the violations were for failing to provide fall protection or fall protection training. Falls are the leading cause of death in the construction industry. They are also repeatedly the number one most frequently cited violation of the year for OSHA.
The penalties total $244,397. One of the six contractors cited for fall safety, Lifetime Contractor Corp., is responsible for over half of those penalties. OSHA began the inspections as part of its Regional Emphasis Program on Falls in Construction. On October 20th, 2020, a compliance officer observed workers exposed to falls and other hazards. The same was observed during a second inspection the 22nd. This prompted a third inspection on the 31st.
OSHA Area Director Paula Dixon-Roderick was quoted as saying, “A fall can permanently alter or end a worker’s life in a matter of seconds. Contractors and subcontractors in the construction industry have a legal obligation to comply with the law and ensure their workers end their shifts safely. When employers fail to follow requirements, OSHA will hold them responsible to the fullest extent of the law.”
The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings.
Martin Technical, in partnership with PIXO VR, offers Fall Protection Training to help companies avoid fines such as these.
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.
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.
JACKSON, AL – A Spice importer has been cited by OSHA. iSpice is a global spice importer located in Jackson, Alabama. OSHA reported on April 23rd that they are citing the company $121,511 in penalties.
The workers were found to be exposed to amputations, struck-by, crushed-by and electrical hazards. OSHA found iSpice allowed workers to clean the plant’s mixing machines without employing lockout tagout. They employer also failed to implement energy control procedures, train workers on lockout/tagout, and use machine guarding in regards to a rotating portion of the mixer.
Other hazards included allowing workers to use industrial trucks with a damage seatbelt; failing to ensure drivers were competent to operate the equipment; exposing them to electrical hazards by allowing boxes and outlets that were uncovered or lacked faceplates to be used; and a fan with a splice in the cord to be used.
In their press release, OSHA quoted Area Director Jose Gonzalez, “This employer put their employees at serious risk needlessly by failing to provide training and implement well-known protections. These protections are not optional, they are every workers right.”
The company has 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.
Martin Technical provides Lockout Tagout services and training to help companies avoid citations such as these and the accidents they can cause.
CHIPPEWA FALLS, WI – A company has been cited for a workplace death in Chippewa Falls, Wisconsin. Berry Global, a plastic fabrication company, has been issued $40,959 in fines regarding the death of one of its employees due to an accident at their plant.
The accident occurred October 5th 2020. According to local news the 54-year-old man received a laceration to the head when he was struck by a piece of machinery. Police reviewed a video of the incident and determined it was an accident.
As of press time, OSHA’s inspection report for the case cites as all violations Lockout/Tagout. Martin Technical offers Lockout Tagout services to prevent accidents such as these.
BUNNELL, FL – A Florida contractor was cited for fall hazard violations, totaling over $61k. Fall safety is often the number one cited Safety Violation of the year. OSHA released this announcement on April 7th, 2021.
OSHA stated this citation was part of its Regional Emphasis Program for Fall in Construction. The contractor cited for fall hazard violations, P & S Service Group Inc. has repeat violations for failing to ensure employees use fall protection while working from heights greater than 6 feet. The company was cited for a similar violation in October, 2017. The 2021 violation totals $61,575. P & S, a framing and and sheathing contractor, has 15 days from receipt of the citations to comply, request an informal conference, or contest the findings before OSHA.
According OSHA’s press release, and BizJournals.com OSHA Area Director Michelle Gonzalez in Jacksonville, Florida stated “This employer has repeatedly disregarded the safety of their employees despite previous OSHA violations. Employers must ensure that workers are protected from these well-known hazards.”
Waterville, Maine – OSHA has cited a Maine auto body plant for safety violations. These violations total nearly $400k. They are the direct result of an inspection opened Oct. 1st 2020 in response to a complaint.
Shyft Group Duramag LLC, formerly known as F3 MFG Inc., faces $393,992 in proposed fines. These fines are due to not addressing hazards that placed employees at risk, OSHA cited two willful and 10 serious violations.
OSHA Area Director David McGuan in Augusta, Maine, stated “Management’s knowledge of these hazards and their failure to correct them led us to cite these conditions as willful violations.”
As stated in OSHA’s Press Release: OSHA also cited the Maine auto body plant for violations regarding failure to:
Guard employees against struck-by and crushing hazards from homemade attachments used on auto lifts and provide adequate training to employees.
Guard machinery to prevent employees from coming in contact with machines’ operating parts.
Conduct a hazard assessment to determine what personal protective equipment is required for employees and to select appropriate protective equipment for employees.
Provide appropriate protective goggles for workers and other persons near a welding area that lacked noncombustible or flameproof screens or shields.
Establish and implement a respiratory protection program, medically evaluate employees’ ability to wear respirators, fit-test employees before using respirators, train employees on respirators and adequately maintain and store respirators.
Securely anchor machines to prevent them from moving.
Refrain from using flexible cords and/or cables as a substitute for fixed electrical wiring and adequately guard electrical openings.
Henderson, NV – The Nevada Occupational Safety and Hazard Association (Nevada OSHA) is investigating the death of Harry Kenneth Peterson III, as reported by The Las Vegas Review Journal. Last week, the fire department was called to a rock quarry described as the Viento Puntero Pit.
Fire Department Chief, Shawn White, reported what he was told by emergency crews. Crews were informed that Peterson had been helping others move a rock crushing machine to another area of the work site.
When part of the machine was apparently jammed, Peterson tried to fix it and was caught in the machine. Rescue workers said it was not clear how he became stuck. White reported Peterson had head and chest injuries. When rescue crews arrived, Peterson had already been removed from the machine.
When emergency crews arrived, Peterson was breathing and transported to to Sunrise Trauma. On Friday, Peterson succumbed to his injuries at Sunrise Hospital and Medical Center.
The death has been ruled an accident. The Fire Department has contacted Nevada OSHA to investigate the work site death. A related police report was released Wednesday. It did not contain details about the incident, except that it did not appear to be a result of a criminal act.
Nevada OSHA’s spokeswoman, Teri Williams, described Peterson’s employer as Las Vegas Paving Corp. The company lists their services on its website, including: asphalt placing, aggregate crushing & material supply, Design-Build. James Barker acts as Las Vegas Paving Corp’s general counsel. He did not comment out of respect for the family and because of the ongoing investigation.