Orlando, FL- A coworker of two men who fell to their deaths at a hotel construction site near Walt Disney World’s Epcot last year has sued Marriott and others in Orange Circuit Court, saying the companies acted with “gross negligence” by not providing sufficient safeguards for workers. The incident left Brown shaken, leading to his taking medication for depression, anxiety and post-traumatic stress disorder, and suing for $15,000 in damages.
A scaffold 80 feet up supporting the men collapsed on Aug. 29, 2018, under the weight of concrete being poured during the 16-story hotel’s construction. The hotel remains on schedule to open early next year, according to Marriott’s website.
In March, OSHA found that the accident occurred after supports collapsed while workers were pouring concrete on the seventh floor of the hotel structure. OSHA said that PCL and Universal Engineering did not inspect formwork, shoring, working decks and scaffolds to ensure compliance with formwork drawings and that PCL did not make sure the formwork brace was able to support vertical and lateral loads.
OSHA fined both PCL and Universal in connection with the accident but ended up withdrawing the citations and fines issued to Universal a few weeks later. PCL is contesting the three OSHA violations — two serious and one willful— and the $144,532 in fines.
Hialeah, FL – OSHA has cited CGI Windows and Doors for federal workplace safety violations that include willful failures in machine guarding which will cost PGT Industries fines proposed to total $398,545. OSHA investigated the Florida window and door manufacturer following reports that an employee had suffered a partial finger amputation while using an unguarded punch press at their facility outside of Miami. CGI Windows and Doors is owned by PGT Industries.
OSHA cited PGT for two serious violations and two other-than-serious violations, however the bulk of the fine was for the willful violation of machine safety standards. In their announcement, OSHA stated that PGT Industries “knowingly disregarded machine guarding requirement intended to protect employees from caught-in and amputation hazards.” The Willful violation constitutes $258,672 of the proposed fine. In this case, OSHA applied the maximum fine allowed by law for the violations that can cause life-altering injury.
Federal workplace safety inspectors found guards absent on eight punch presses, a drill press, and a table saw at the CGI Windows and Doors facility. Three other punch presses were documented as having guards that didn’t cover enough area to protect workers.
The serious and other-than-serious citations were for hazards including failing to implement a program to inspect mechanical power presses and correct unsafe conditions; exposing employees to electrical hazards; failing to make sure employees wore hearing protection; and failing to develop specific procedures to verify the control of hazardous energy an industrial safety practice known as Lockout Tagout.
In response to OSHA’s announcement and the associated penalties, PGT asserted that they “share OSHA’s goal of ensuring the safety of each and every one of our team members.”
Elysburg, PA – OSHA has proposed $112,523 in penalties after finding that lockout/tagout failures lead to an employee’s arm being amputated while cleaning machinery.
OSHA has cited Toy Factory TX LLC for workplace safety violations after investigating the circumstances that lead to an employee’s arm being amputated while cleaning machinery earlier this year. OSHA has proposed $112,523 in penalties for the company’s failure to develop acceptable procedures to prevent the release of hazardous energy; failure to apply lockout devices; and failure to train employees on lockout/tagout procedures.
OSHA’s local area office director stated that Toy Factory’s “failure to use appropriate machine locking devices resulted in a serious injury that could have been prevented.” Machine locking devices are an important part of an industrial Lockout/Tagout program. Lockout devices are mechanical means of locking a machine in a position that prevents energization of a machine, equipment, or a process. Energy-isolating devices are applied to machinery during maintenance or while employees are otherwise servicing equipment to prevent unexpected startup and thereby avoid employee injury.
Nearly 3 million workers service equipment and these employees face the greatest risk of injury if lockout/tagout is not properly implemented. Compliance with the federal 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.
Federal workplace safety inspectors determined that Toy Factory TX LLC (doing business as The Toy Factory LLC) failed to develop acceptable written lockout/tagout procedures, failed to apply lockout devices, and failed to train employees on lockout/tagout. OSHA requires that employees be trained on lockout policies and procedures. Appropriate training ensures that the purpose and function of the energy control program are understood by employees and that employees gain the knowledge and skills required for the safe application, usage, and removal of the energy controls.
The Elysburg (PA) facility is one of several owned by Texas-based Toy Factory TX which manufactures stuffed toys intended for use as rewards and prizes at amusement parks, entertainment game centers, and crane machines.
Green Bay, WI – JBS Green Bay faces $221,726 in federal workplace safety fines after equipment violations led to a lockout/tagout accident that injured an employee’s hand. OSHA issued one willful violation and 10 serious violations after their investigation documented a lack of machine guarding and lockout failures at the Green Bay (WI) beef processing facility.
According to the Department of Labor, a JBS employee “reached into a machine to move a box when the rake activated and caught his left hand, pulling it into the machine.” The employee suffered a fracture, puncture wounds, lacerations, and a pinched nerve as a result.
More than half of the $221,726 total fine was for the willful violation. OSHA defines willful violations as those “in which the employer either knowingly failed to comply with a legal requirement or acted with plain indifference to employee safety.”
JBS was cited for not having machine guards which protect workers from dangerous parts and moving machinery. OSHA’s inspection also noted a serious violation related to failure to turn off machinery prior to maintenance or service work.
Another of the serious violations was for not having “developed and documented” lockout tagout procedures. These written documents outline equipment-specific instructions for how to safely de-energize equipment. Lockout/Tagout safety measures keep workers safe while they perform maintenance and service tasks like the act of clearing a jammed machine that precipitated this accident.
Tiverton, Devon, UK – An employee’s hand was crushed and may require amputation as the result of an industrial accident in England. Heathcoat Fabrics’ attitude toward machine safety has been described by Exeter prosecutors as “willful blindness.”
Heathcoat Fabrics, located in the Southwestern portion of the English isle, has been fined the equivalent of nearly $385,000 for admittedly “contravening health and safety regulations by failing to prevent access to the dangerous parts of the L-Stenter mangle at their plant in Westexe.”
Local officials began investigating Heathcoat following an incident in 2016 which led to employee Anthony Seward suffering a serious crush injury to his left hand. Seward did not realize that the rollers were on when he was preparing and cleaning the L-Stenter mangle for the night. His left hand became entangled in the machine which had been outfitted with a stop-cord, but not the light curtain that it should have had.
Light curtains are installed to automatically stop machine operations when a beam of light is broken. The machine at Heathcoat Fabrics had a light curtain installed in 2009, but it broke down in January 2014. Replacement parts had been ordered, but were not installed. Instead, a risk assessment by the employer decided that the use of an emergency stop-cord would be a sufficient safety measure.
The local prosecutor has said: “This case is about the fact that [Heathcoat Fabrics] failed to reinstate the light curtain to stop access to the danger zone. They knew this was a risk as they had installed it as a control measure prior to the incident happening. The fact that they had assessed the risk and had put in the control of the light curtain previously shows how avoidable and preventable this accident was. What they did instead was inadequate and resulted in this very serious injuries.Their willful blindness to the risk that was in place meant that the controls did not reach industrial standard.”
Cedarburg, WI – OSHA plans to fine a Cedarburg (WI) manufacturing company nearly $125,000 following an inspection prompted by the death of a lathe operator and their finding that locks had been bypassed.
In March of this year, a 36-year-old employee of Carlson Tool & Manufacturing Corp. died after being caught in his lathe’s operating spindle as he polished a metal cylinder.
OSHA found that Carlson allowed the lathe and other machines to be operated with their “safety interlocks” bypassed, thereby exposing workers to entanglement hazards. Safety interlocks were bypassed on nine different machines, according to OSHA. Because of this disregard for safety, OSHA has classified the violations as “willful.”
Additionally, Carlson was cited for not following proper procedures to power down equipment to prevent sudden starts. These types of procedures are known as lockout/tagout.
Carlson Tool & Manufacturing Corp. does drilling and machining at the Cedarburg (WI) plant, as well as building tooling.