OSHA Enforcement Update: Press Release Forecast – Still Slim to None.

Since late April, OSHA has issued only three additional enforcement press releases (listed below, Gulf Cable, the Saipan casino case, and Republic Steel). Whereas the Obama administration issued press releases for any case greater than $40,000 (as well as “novel” cases like workplace violence and heat stroke), there seems to be no rhyme or reason for this administration. The three cases about which OSHA issued press releases had penalties greater than $193,000. So perhaps the new threshold has risen from $40,000 to around $200,000?

Except that doesn’t explain why no press releases were issued for Autoneum ($569,463), Freeflow Services ($249,564), or Arctic Glacier ($227,073).  In other words, there is no rhyme or reason, no logic, no strategy, and seemingly no one home at the Department of Labor.It’s too bad, because the Freeflow Services case, in which two workers died in a confined space,  might have been instructional. Knowing about these deadly hazards may even have saved some lives:

Allan Ramirez, 34, was cleaning an 18-wheeler tank at FreeFlow Services on Friday morning with his father, Wilfredo Ramirez, when the two men became trapped, according to a news release from the City of Port Arthur. Wilfredo Ramirez, 58, was extracted from the tank after almost three hours. Allan Ramirez was pronounced dead at an area hospital.

OSHA did issue press releases to Arctic Glacier in two previous cases (here and here), but not the latest case that contain three repeat citation for violations of OSHA’s Process Safety Management Standard.  Again, more news about this recalcitrant employer might have been educational for workers and other employers.

But no need to embarrass innocent employers even if they repeatedly endanger and sometimes kill their employees….

What’s Happening?

Below are listed some major OSHA settlement cases as well as enforcement cases (some quite small) that have reached the news media over the last month and a half.  And below that are tables with large federal and state plan cases since January 20, 2017.

U.S. Well Services receives $12,675 OSHA fine in fatal work site accident

Well, we’re now approaching six months without any kind of OSHA policy on when to issue press releases.

CLARKSBURG, WV — The Occupational Safety and Health Administration has issued a citation and a monetary penalty to a Jane Lew company in regard to a fatal work accident at a well site that occurred Jan. 12. U.S. Well Services received a “serious” citation and fine of $12,675 for the incident that killed Hunter D. Osborn, 19, of Lewis County, according to OSHA records. Osborn died from injuries he suffered after he was struck by a truck, then pinned between the truck and a sand silo at an Antero well site in Middlebourne, Tyler County Sheriff’s officials have said.

OSHA finds safety failures in its investigation of fatal incident at Florida electrical cable manufacturer

MILTON, Fla. – The U.S. Department of Labor’s Occupational Safety and Health Administration has issued a dozen citations and proposed $226,431 in fines following its investigation into the Nov. 29, 2016, death of a 26-year-old machine operator at a Pensacola-area electrical cable manufacturer.

Milton-based Gulf Cable LLC was cited for failing to take measures to protect Jonathan Gilmore, who was pulled into a re-spool machine and crushed as he attempted to guide electrical wiring cable into the machine. OSHA found the machine lacked the required guarding to prevent him from coming into contact with its moving parts.

Saipan casino contractors face penalties following OSHA investigation

SAIPAN – Three contractors in Saipan face $193,750 in proposed penalties after investigators from the U.S. Department of Labor’s Occupational Safety and Health Administration found that the companies exposed workers to numerous workplace hazards at the Imperial Pacific Resort Casino under development in Garapan. OSHA officials issued safety and health citations for hazards related to inadequate fall protection, unsecured scaffolding, unprotected crane operation areas, unguarded machines, and failure to notify OSHA about a work-related amputation.

“Workplace safety is a critical component for a growing U.S. economy to reach its full potential,” said Barbara Goto, OSHA’s regional administrator in San Francisco. “This case serves as a good reminder for companies large and small to be mindful of workplace hazards and to do what it is necessary and required to protect those on the front lines of growth.”

OSHA finds machine safety hazards, lead overexposure at Ohio steel plant

CANTON, Ohio – Republic Steel, an automotive steel manufacturer, faces $279,578 in proposed penalties from the U.S. Department of Labor’s Occupational Safety and Health Administration after agency investigators found workers at its Canton plant exposed to machine hazards and lead. OSHA found one maintenance worker suffered severe injuries after being struck by an unguarded machine, and at least seven workers were exposed to excessive levels of lead, which can cause serious health issues.

“Companies must continuously monitor their facilities to ensure health and safety procedures are adequate and effective in protecting workers from injuries and illness on the job,” said Dorothy Dougherty, deputy assistant secretary of labor for occupational safety and health. On Dec. 5, 2016, a 64-year-old maintenance worker suffered a fractured pelvis after being struck by a sail ­– a large clamp that holds the steel billet – because lock-out devices were not affixed to the machine’s operating parts to stop movement during maintenance. A second inspection was opened on Dec. 13, 2016, after a complaint alleged workers were being exposed to lead. Investigators documented seven incidents of lead overexposure in the caster facility.

Ohio auto insulation manufacturer faces penalties following worker injury

OREGON, Ohio – An auto insulation manufacturer in suburban Toledo faces $569,463 in proposed penalties after a U.S. Department of Labor Occupational Safety and Health Administration investigation following a report that a machine amputated a 46-year-old worker’s right hand, wrist and part of his forearm.

Investigators found the injury occurred while the worker at Autoneum North America was guiding waste materials into a shredding machine. His arm was caught in the machine’s point of operation – a circular drum that shreds the fabric fibers for reuse. OSHA found the company failed to equip the machine with adequate safety guards when the Dec. 23, 2016, injury occurred. The agency issued three willful and two repeated violations of machine safety procedures.

Gorman Bros. pay $17K for 2 deaths in Glenville fire

Glennville, NY – A large asphalt company based in Albany will pay a reduced penalty for violations cited after the death of two workers in an explosion last fall — $8,873 for each man’s death. Gorman Bros. Inc. and the U.S. Occupational Safety and Health Administration, a division of the U.S. Department of Labor, agreed on the settlement earlier this month and closed the case Wednesday, according to details of the case posted with the incident’s fatality inspection record. Gorman, which owns the company Mohawk Asphalt Emulsions on Freemans Bridge Road in the town of Glenville where the accident occurred, was penalized in April $12,675 each for what OSHA called “serious” violations related to the deaths of Joseph Nichols and Alfred Crowter.

On Oct. 17, Nichols, Crowter and another employee were transferring liquid asphalt from a storage tank to a tanker trailer when they used a propane torch to heat a line to make the asphalt flow easier. The torch ignited kerosene vapors and caused a flash fire, according to OSHA’s fatality report. The fire set off a series of blasts, sending black smoke into the air. Nichols, 56, of Amsterdam, was burned over 95 percent of his body and died two days later at Westchester Medical Center. Crowter, 42, of Mayfield, Fulton County, was burned over 65 percent of his body and died on Nov. 3. The third employee, Brian Jones, suffered minor burns and survived.