Kentucky, USA- The family of a Kentucky man killed in a workplace incident has filed a lawsuit against his employer, GE Appliances, as well as other parties.
Steve Herring, who has worked for GE Appliances for more than two decades, died in February after being pinned by machinery while working on a refrigerator-building assembly line. News sources are reporting that the state OSHA’s investigation into the workplace incident found that it could have been caused by an inadvertent activation of an improperly positioned gate interlock control.
The lawsuit filed in Jefferson Circuit Court last week names General Electric Company, Design Safety Engineering Inc., Doerfer Corperation, Doerfer Acquisition Company, JR Automation Technologies LLC, Haier US Appliance Solutions Inc. and Kentucky resident Mark Miller as defendants.
The lawsuit claims that the assembly line Herring was working on was “unreasonably dangerous” and in “defective condition.” It alleges that there were no instructions or warnings about the hazards on the line — and that the companies being sued were aware of the defects. The suit requests punitive and compensatory damages.
According to Kentucky OSHA, GE made changes to the safety programming on an assembly line that was identical to the one at which Herring was pinned following a 2014 incident. However, the company didn’t fix the line where Herring worked until after Herring died.
An inspection conducted by the agency after the fatality resulted in GE being cited for seven safety violations and fined $98,000, which the company is appealing.
Napoleon, OH – Failure to lockout a machine at Silgan Containers Manufacturing Corp. was found to have been the cause of a worker’s broken arm. Federal workplace safety agents inspected the aluminum can manufacturing facility following a lockout/tagout accident, and Silgan Containers now faces proposed penalties of $106,080 for one repeat and three serious safety violations of lockout/tagout standards.
The fines were the result of an OSHA investigation triggered by an employee who suffered a broken arm while servicing a machine at Silgan Containers’ Ohio facility. An estimated 3 million workers service equipment at their jobs. These employees face the greatest risk of injury if lockout/tagout (LOTO) is not properly implemented. Compliance with the federal lockout/tagout standard prevents approximately 120 fatalities and 50,000 injuries annually in this country alone, and saves an average of 24 workdays that would be needed for recuperation in the case of a lockout accident.
According to OSHA’s Area Director, “Employers are required to train their employees on proper lockout/tag out procedures to prevent the release of stored energy or unexpected startup of equipment.”
It has been reported that OSHA cited Silgan Containers for similar violations at its Wisconsin plant in 2015.
Contact a Lockout/Tagout Specialist at Martin Technical today to discuss how we can provide practical safety and efficiency services to make your plant or facility a better, safer, and more efficient place to work.
Houston, TX – Machine safety violations found at Custom Rubber Products resulted in over half a million dollars in fines this month. OSHA reported failures in machine guarding which exposed employees to severe injury, amputation, and caught-in hazards. Custom Rubber Products has been fined for similar violations in the past and remains on OSHA’s Severe Violator Enforcement Program.
OSHA issued $530,392 in penalties and cited Custom Rubber Products, LLC, for four egregious willful machine safety violations for exposing workers to amputation, machine guarding, and caught-in hazards. The company was cited for similar hazards in 2014 after a worker suffered a severe injury at the rubber fabrication facility. This hefty fine represents the maximum penalty allowable under current federal workplace safety laws.
According to OSHA’s general requirement for all machines, guards must be used to protect operators and other employees from hazards like nip points, rotating parts, flying chips and sparks which might be present during operation of machinery.
As stated by OSHA’s Acting Regional Administrator in Dallas, “Employers are required to assess potential hazards and make necessary corrections to ensure a safe workplace…The inspection results demonstrate workplace deficiencies existed putting workers at serious risk of injury.”
At Martin Technical, our team of machines safety specialists combines the talents of electrical engineers, mechanical engineers, maintenance professionals, and safety experts. We understand that while machines must be safe to use, safety procedures should not hinder production or reduce the capacity of the machine. Our multi-functional teams address safety not only from an engineering perspective, but also from a production line and maintenance perspective. This unique combination of expertise provides our customers the best combination of safety and efficiency. Contact us today to discuss machine and worker safety solutions to make your facility or plant better, safer, and more efficient.
Strattanville, PA – A 2018 amputation due to machine guarding failures at a PA modular home manufacturing facility lead to an OSHA investigation which revealed numerous workplace safety violation and resulted in a staggering $687,650 in penalties.
On the topic of machine guarding failures, OSHA’s local Area Office Director stated that “moving machine parts have the potential to cause severe workplace injuries if they are not safeguarded…Employers’ use of machine guards and devices is not optional. Employers are legally responsible for ensuring that machine operators are protected.”
In the investigation triggered by the November 2018 amputation, OSHA documented Champion Modular employees’ exposure to numerous workplace safety hazards. Some of the machine guarding failures included damaged plastic guards on a table saw which exposed employees to the saw blade, work rests on grinding machinery not adjusted properly, a grinder was being used without the proper guard, and a hand-fed circular ripsaw found without a spreader and missing a kickback device.
Hazards caused by combustible dust were also evident at the Champion Modular facility. Combustible dust was found to have accumulated in the higher areas of the facility, which posed an increased risk of fire. Additionally, a dust collector that was not equipped with devices and systems to prevent fire was noted as having the potential to expose employees to fire, burn, and deflagration hazards.
Violations of federal Lockout/Tagout (LOTO) machine safety standards was another a part of the citations and penalties OSHA issued. OSHA inspectors found equipment and machinery at the manufacturing facility that was missing lockout/tagout procedures altogether. Additionally, Champion Modular allegedly failed to perform periodic inspections of machine servicing and equipment maintenance procedures.
OSHA investigators also noted electrical safety violations and hazards at the PA manufacturing facility. Electrical equipment was found installed and/or in use outside of the intended purpose, not in compliance with instructions. Inspectors noted duct tape and electrical tape being used to cover up and hold together a damaged control pendant.
Violations and fines of this magnitude are avoidable through conscientious workplace safety programs – 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 complex workplace safety practices by applying real-world solutions for Lockout Tagout, Arc Flash, Electrical Safety, Risk Assessments, Training, Machine Safety & Safety Consulting Services.
New Milford, CT – A concrete masonry facility was the site of a tragically fatal conveyor accident last week. Daniel Kendrick, age 29, was killed on the job after becoming trapped in a conveyor belt system. OSHA is investigating the workplace fatality.
The masonry plant operated by New Milford Block and Supply was the site of the fatal conveyor accident. Kendrick is reported to have been a production operator at the concrete processing facility, with less than a year on the job.
The worker initially had been reported as missing, sadly though his body was subsequently discovered in a conveyor belt system used to move cement blocks. The medical examiner for the area ruled Kendrick’s death as accidental after determining loss of life due to blunt compression injuries to the head and torso.
Representatives of OSHA’s office in Hartford (CT) spoke with journalists this week, stating that “OSHA is gathering information to determine whether or not there were any violations of workplace safety standards in connection with this incident.”
Unfortunately, New Milford Block and Supply has been the focus of recent OSHA citations for violations of federal machine guarding safety standards in 2018, and previously in 2013 as well.
Macon, GA – 22 citations were announced last week for Lockout, Training, and Machine Safety violations found at a Georgia tire plant. The violations were documented as part of an OSHA follow-up inspection at Kumho Tire Georgia.
Three companies face a collective $523,895 in fines for safety violations allegedly found at the Kumho Tire Georgia plant in Macon: Kumho Tire Georgia Inc., Sae Joong Mold Inc., and J-Brothers Inc. The large fine represents 12 serious, nine repeat, and one other-than-serious workplace safety violations.
The 22 citations announced May 29 are the result of violations documented in a Nov 2018 follow-up inspection conducted at the Kumho Tire facility. OSHA has stated that the follow-up inspection was initiated after the agency failed to receive documents from Kumho indicating that it had abated violations found during a 2017 inspection. As a result of this history of violations, OSHA also announced that Kumho Tire Georgia Inc. has been placed in the Severe Violation Enforcement Program (SVEP).
A portion of the violations documented Kumho were for Lockout/Tagout (LOTO) failures. OSHA cited failures to follow hazardous energy-control procedures (also known as Lockout Procedures or LPs) when Kumho employees performed machine service and maintenance duties. Additionally, OSHA found a failure to train employees on the use and benefits of these energy-control or lockout/tagout procedures.
Additionally, there were failures to provide machine guards on some equipment in use at the Kumho plant. OSHA’s Atlanta-East area director stated the dangers associated with these violations: “This employer exposed workers to multiple safety and health deficiencies that put them at risk for serious or fatal injuries.”
Beyond the Kumho violations, OSHA also issued fines of $9,093 to Sae Joong Mold Inc. for using damaged slings and for electrical hazards at the Macon plant. J-Brothers Inc. was the third company named in these citations. J-Brothers portion of the fine was $7,503 for failure to mount portable fire extinguishers and failure to perform annual maintenance on fire extinguishers.
St. Joseph, MO – Following a fatal workplace accident at a Missouri sawmill, OSHA has issued $199,183 in fines for 14 serious and two repeat safety violations at American Walnut Co.
The fatal workplace accident occurred on March 12 of 2018 when American Walnut employee Joshua Hill (38) came into contact with operating equipment. Hill reportedly fell into the chute of a grinder and was killed. OSHA found that Hill was not attached to a tether line when he fell 10 feet into the grinder chute.
Following the sawmill fatality, federal workplace safety investigators identified 14 serious and two repeat safety violations at American Walnut Co. including failure to evaluate job hazards, control hazardous energy, and ensure adequate machine guarding. Additionally, workers were found to have been exposed to hazards associated with falls, ladders, and electrical safety.
Noise hazards observed at American Walnut prompted a separate investigation. OSHA inspectors documented that American Walnut employees were exposed to hazards associated with noise, combustible dust, and chemicals within the St. Joseph (MO) facility.
OSHA’s Kansas City Area Office Director stated that “Employers must continually evaluate job hazards and ensure safety guards are in use to protect workers from known hazards in their facilities.”
The safety of American workers is always our driving motivation at Martin Technical. Anyone with questions about federal safety standards and/or workplace safety hazards should contact a member of our Industrial Safety Team. Martin Technical is a leading provider of practical safety services that make industrial plants and facilities better, safer, and more efficient. Our experts apply real-world solutions to create effective safety and health programs across this country and beyond.
Jeffersonville, IN – Two serious violations of machine guarding standards were found in the course of an investigation into an Indiana employee’s death. In Februrary of this year, a worker was killed at the Jeffersonville (IN) Valmont Coatings metal finishing plant. This month, the Indiana office of Occupational Safety and Health Administration issued fines totaling $14,000 for two serious violations of machine guarding standards they found in the course of their investigation of the Indiana production facility.
49-year-old Marion Fletcher was killed at the Jeffersonville (IN) facility on February 20th while reportedly wearing a long-sleeved shirt with “unrestrained” hair at the time of the accident. OSHA found that the machinery Fletcher was operating was not properly guarded to prevent employees from getting caught during its cycle.
Emergency crews arrived at the Valmont facility in response to a call about an industrial accident and an unconscious and unresponsive worker. Fletcher showed no signs of life when he arrived at the hospital, despite the best efforts of emergency responders. Marion Fletcher had reportedly been employed by Valmont for nine months prior to the fatal accident.
For it’s part in the accident, Valmont was issued two violations. Each safety violation was deemed “serious” and carries a penalty of $7,000. Valmont specializes in hot-dip galvanizing and protective coatings for steel.
The importance of machine guarding and employee safety training cannot be overemphasized. Accidents such as this serve as an unfortunate reminder for us all. Please call an industrial safety specialist at Martin Technical today if you have any concerns about the safety of machines in your workplace.
Los Angeles, CA – An amputation at an LA noodle factory prompted a Cal/OSHA investigation resulting in $305,685 in fines for two employers. The amputation occurred in 2018 when a temporary worker was cleaning machinery and lost two fingers at JSL Foods Inc.
The injured man was a temporary worker placed at the JSL food manufacturing facility by Priority Workforce. The worker was cleaning a dough rolling machine when his left hand was pulled partway into the moving rollers, amputating two fingers on Oct. 2, 2018.
Cal/OSHA found JSL liable for one willful repeat serious violation and one willful repeat serious accident-related violation for failing to follow lockout/tagout procedures. JSL Foods has been fined $276,435 in proposed penalties for a total of seven violations. According to Cal/OSHA, JSL Foods was cited twice in 2015 for the same violations.
Three additional serious violations were cited against Priority Workforce, the employer who assigned the temporary worker to JSL Foods. Cal/OSHA found Priority Workforce failed to establish, implement, and maintain an effective Injury and Illness Prevention Program, failed to ensure employees were effectively trained, and failed to ensure machinery was adequately guarded.
According to Cal/OSHA, their investigation found that “the machine had not been adequately guarded to prevent fingers from entering pinch points, [nor had it been] de-energized and locked out to prevent movement while the worker was cleaning it…Neither employer had trained the worker to follow lockout/tagout procedures before cleaning the equipment.”
Lockout/tagout procedures (also known as LOTO) provide detailed instruction on how to isolate and lock each energy source for a given piece of equipment. Workers who are trained in lockout can use these procedures and practices to prevent injuries that might otherwise occur when machinery or equipment starts up unexpectedly during cleaning or maintenance work. Martin Technical’s certified lockout technicians and safety experts work together to provide your safety team with the most effective and accurate lockout program in the industry.
Picayune, MS – OSHA has fined Heritage Plastics $159,118 after finding willful violations of federal workplace safety standards during an investigation triggered by an amputation accident. The Occupational Safety and Health Administration documented failures in lockout/tagout, failures to train employees on LOTO, and failures to install machine guards at the MS PVC conduit, fittings and pipe manufacturer.
A Heritage employee lost four fingers in November of last year when a mixing machine unexpectedly started while the worker was removing material from it. OSHA found that the accident was preventable and concluded that it was due to a failure to use a lockout device or properly train its workers on lockout/tagout (LOTO). Heritage was also cited for failing to install adequate machine guarding.
Lockout/tagout is a workplace safety system designed to prevent the startup of machinery or equipment that may result in worker injury. Lockout (or LOTO) procedures provide detailed instruction on how to isolate and lock each energy source for a given piece of equipment. To be compliant with federal energy control standards, employers must establish a lockout program and follow procedures for affixing appropriate lockout or tagout devices to energy isolating devices. Taking steps to prevent the unexpected energization, start up, or release of stored energy prevents employee injury.
Training employees on the exact protocol to control hazardous energy is a fundamental part of a successful lockout program. Employee must be trained to ensure that the purpose and function of the energy control program is understood, and so that they possess the knowledge and skills required for the safe application, usage, and removal of energy control/lockout devices.
A statement made by OSHA‘s Jackson (MS) Area Office Director emphasized how this accident could have been prevented: “Proper safety procedures, including the effective lockout of all sources of energy, could have prevented this employee’s serious injury…Employers must take proactive steps to develop and implement energy control procedures to minimize risk to their employees.”
Contact a member of our industrial safety team today to discuss how Martin Technical can improve accident prevention measures at your facility.