New Jersey- Nearly one-third of the employers in the state hit with initial safety violation fines of $40K or more are government agencies. But many cases are settled for lesser amounts.
New Jersey employers have been hit with at least $16.6 million in fines since 2015 for having unsafe workplaces and conditions.
Fines levied by the U.S. Occupational Safety and Health Administration against employers in the state over the past five years peaked in 2017. In 2017, the federal agency levied more than $4.9 million in fines against at least 60 companies.
All told, the Network reviewed OSHA data of more than 200 enforcement cases with initial penalties of $40,000 and higher. Data for enforcement cases with penalties less than $40,000 were not available.
Most of the reviewed cases involved private employers. However, almost 30% of the penalties involved local, state or federal government agencies, the Network’s analysis shows. The initial penalties in those cases totaled more than $4 million.
The Network ‘s ranking of the data is based on the initial penalties OSHA levied against employers, not the final amount paid. Many of the cases the Network reviewed are still under appeal. Employers frequently enter into settlement agreements with OSHA for reduced penalties that require the employer to address the agency’s safety concerns.
For contractors and companies to avoid such fines, proper training and up-to-date standards practiced is essential.
Fort St. John, British Colombia – Peace River Hydro Partners has been fined $662,102.48 by WorkSafeBC. The fine was imposed on August 21, 2019, after a worker sustained an electrical shock injury. A worker was able to access the main circuit breaker in a high-voltage electrical cabinet for tunneling equipment.
According to WorkSafeBC, the main electrical breaker extensions on the exterior cabinet door were not functioning, the de-energization switches had been circumvented and the main breaker switch-box isolation covers were in disrepair.
WorkSafeBC staff also determined that it was a standard work practice at this site to access the main circuit breaker without following lockout procedures.
A stop-use order was issued for the tunneling equipment because Peace River Hydro Partners failed to ensure its equipment was capable of safely performing its functions, and was unable to provide its workers with the information, instruction, training, and supervision necessary to ensure their health and safety.
WorkSafeBC says these were both repeated violations.
This is the largest fine WorkSafeBC can issue under B.C. legislation. The report from WorkSafeBC did not disclose the condition of the worker or the exact date of the incident.
Ontario, Canada- September 19th was Black Thursday in Ontario’s electrical sector with three separate incidents of workers contacting overhead wires causing two electrocution deaths and injuring two others.
The spate of mishaps left construction, electrical and health and safety stakeholders upset, frustrated and searching for answers.
“The Electrical Safety Authority is very saddened to hear any time there are incidents of an electrical nature,” said Dr. Joel Moody, the ESA’s chief public safety officer. “Our thoughts are with the families who have experienced loss.”
Two of the three involved construction work. The third, in Kawartha Lakes, was at a private home where workers trimming a hedge on an elevated work platform contacted a powerline. One worker died and the other was injured.
In Vaughan, a Ministry of Labour report said a worker employed by Pontil Drilling Services sustained fatal injuries when a drill boom made contact with overhead power lines.
In Scarborough, east Toronto, a worker for Darcon was injured when a tower crane hit an overhead powerline. The job site constructor is Paramount Structures.
“This is a stark reminder of the dangers of working near electricity and clearly shows there is a need for more to be done to keep workers safe,” said James Barry, executive chairman of the IBEW Construction Council of Ontario, in an online statement.
There have been 1,250 reported overhead powerline contacts in Ontario in the last 10 years with an average of two deaths per year, making the pair of fatalities on Sept. 19 a full year’s worth statistically. The ESA says construction workers are at especially high risk with 60 per cent of powerline contacts occurring with dump trucks on construction sites.
The ESA responded to the mishaps with a statement urging awareness of the specific hazards related to working near wires. It’s a message that echoes those of the ESA’s Powerline Safety Week awareness campaign that’s launched at the start of construction season each May in Canada.
The ESA also works with utilities, haulers and arborists on a regular basis, Moody said.
“We urge situational awareness with a hazard assessment being the first thing they should do,” he said. “Be aware of your surroundings.”
“All of these incidents are preventable. Electricity is very lethal and unforgiving and having safe work practices every day is very important.”
“For the most part, if you look at the utilities, they live and breathe health and safety,” Kelusky said. “These weren’t utility workers, the guys dealing with the live stuff, they deal with it with great respect and understanding. That is a cultural thing from top to bottom.”
Despite the incidents of Sept. 19, Kelusky said, the statistics show construction is getting safer and that the construction sector in the province is developing a more integrated safety culture.
Responding to the comment urging that more be done, Kelusky said a major focus of his office is linking the diverse efforts of the health and safety community. His office has recently pledged to work with Ontario’s Industrial Health and Safety Association to undertake more research to be able to provide stronger tools to employers.
The approach to falls across the province in the last decade is a good example of how research can lead to program development and working with employers and employees to deliver results, Kelusky explained.
“What we want to do is supply labor and employers with more information other than, if you touch that it will hurt you,” he said, referring to electrical hazards. “We did that with falls and touch wood that seems to be going well.”
Looking ahead, Kelusky said, there are positive signs from Queen’s Park with the auditor general conducting a much-needed review of health and safety programs, the government reviewing the WSIB and signals from the new Minister of Labor, Monte McNaughton, that he is keenly interested in health and safety and working collaboratively with stakeholders. That’s on top of the WSIB’s new Health and Safety Excellence Program and the continuing growth of COR.
Eau Claire, WI – A cookie dough manufacturing facility in Eau Claire, Wisconsin faces $782,526 in penalties for “continually exposing employees to machine safety hazards.” Choice Products USA LLC was cited for similar machine safety violations following an OSHA inspection in 2016, and as a consequence has now been placed in OSHA’s severe violator enforcement program.
Choice Products was cited for five egregious willful violations for their failures to implement an effective lockout/tagout (LOTO) program. OSHA also found that employee training on lockout/tagout was inadequate to prevent worker’s from unintentional contact with machinery during service and maintenance activities. Federal workplace safety inspectors also determined that Choice Products failed to install proper machine guarding.
Choice Products had been cited in a 2016 inspection for exposing employees to similar lockout/tagout and machine safety hazards.OSHA’s severe violator enforcement program targets employers who have demonstrated what they term an “indifference” workplace safety obligations by committing “willful, repeated, or failure-to-abate violations.”
London, Ontario – O’Connor Electric Ltd was fined $60,000 this week as a consequence of a Jan 2018 arc flash incident which burned three electrical workers at an Ontario shopping mall. The company plead guilty to failing to establish and implement written measures and procedures to ensure that its workers were adequately protected from electrical shock and burn.
At the time of the arc flash incident, a crew of six were upgrading the service in an electrical room at the mall. The workers were planning on installing a new disconnect switch and wiring. Three O’Connor Electric employees has started installing the disconnect when an arc flash occurred. Canadian Occupational Health and Safety officials determined that the existing service had not been shut down when work began. Mistakenly working on an energized electrical system lead to the arc flash which burned the employees.
In Canadian court proceedings this week, O’Connor Electric Ltd. and one supervisor plead guilty. The supervisor was charged with failing to ensure workers followed OHSA guidelines for properly disconnecting the power supply. The company was charged $55,000 in penalties, and the supervisor was fined $5,000.
Ontario Construction Regulations dictate that power supply “to the electrical equipment, installation or conductor shall be disconnected, locked out of service and tagged … before the work begins, and kept disconnected, locked out of service and tagged while the work continues.” Accordingly, the Ministry of Labour found that O’Connor Electric failed to establish working conditions compliant with that regulation, and that the supervisor failed to ensure that workers followed the regulations.
Arc flashes are violent and lightning-quick. They can cause electrical equipment to explode, resulting in injury or death to workers and destruction of electrical equipment. There are many avenues to mitigate or reduce the risk of arc flash incidents and their threat to electrical and maintenance workers. Contact a member of our Electrical and Industrial Safety team today to discuss Arc Flash Assessment and Labeling, Compliance, and/or Training needs of your staff and facility. At Martin Technical, our goal is always to provide practical safety and efficiency services that make industrial plants and facilities 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.
Hayden, AZ – Three workers burned severely by arc flash hazards found at an Arizona metal smelting and extraction facility triggered an OSHA investigation which lead to this week’s announcement of penalties totaling $278,456.
The federal workplace safety agency released its citation against ASARCO this week, claiming two willful violations and one serious violation of electrical hazards standards at the Hayden (AZ) facility.
In its investigation of the arc flash, OSHA inspectors determined that the arc flash occurred after the insertion of a breaker into a 4,160V switchgear. ASARCO was cited for three violations of electrical safety standards: failure to provide the workers with a pre-job briefing before starting work on the energized switchgear, failure to render the electrical breaker inoperable before work began, and failures in providing the employees with arc-flash protective clothing (also known at PPE).
OSHA’s Regional Administrator stated that “arc flash hazards are well known, but can be eliminated when workers are properly trained and protective equipment is provided.”
Not only is electrical safety training required by OSHA, but it’s a vital piece of fulfilling an arc flash analysis or electrical safety program. Once electrical labels are visible, workers need to know how to properly understand the program and read the labels. Employees also need to understand the importance of properly care for their PPE, and how to do so. The need for every worker to understand electrical safety for their equipment and tasks in particular can not be over-stated.
Read more about Arc Flash Analysis and common pitfalls on our website, and contact a member of our Electrical Safety Team today to discuss how Martin Technical can bring awareness to arc flash hazards, get your facility compliant, and increase the safety of your workforce. Martin Technical is the leading provider of practical safety and efficiency services that make industrial plants and facilities better, safer, and more efficient.
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.
Lapel, IN – Three serious safety violations were found at the Owens-Illinois Bottling facility in Lapel, Indiana. The Indiana Occupational Safety and Health Administration (IOSHA) issued $13,500 in fines for safety violations inspectors which it determined could have led to serious worker injury.
In an investigation last fall, IOSHA found serious safety violations including insufficient employee training and failure to lockout an electrical box while it was in the process of being repaired.
The serious safety violation related to Lockout/Tagout (LOTO) states that lockout “procedures were not developed, documented and utilized for the control of potentially hazardous energy,” during machine maintenance at Owens-Illinois’ Indiana bottling plant.
Additionally, Owens-Illinois was found to have failed to properly train employees on lockout/tagout and machine safety. OSHA requires that employers provide training to ensure that the purpose and function of the energy control or LOTO programs are understood by employees.
The third serious safety violation concerned unused openings in electrical boxes, raceways, and other electrical equipment which were not closed when IOSHA conducted their investigation. Safety inspectors cited Owens-Illinois for failure to protect employees and equipment from exposure to electrical hazards.
Electrical safety, Lockout/Tagout, and training on both of these important components of workplace safety are at the heart of Martin Technical’s suite of safety services. 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, and Safety Consulting Services. Please call a member of our Industrial Safety Team today to discuss how to improve safety and efficiency at your facility.
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.