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OSHA Fines Water Bottling
Company $164,150 Following Investigation of Fatal Accident
The U.S. Labor Department's
Occupational Safety and Health Administration (OSHA) has cited
a drinking water bottler and proposed penalties totaling $164,150
following the investigation of a fatal May 24 accident at the
company's Mississippi facility.
"This tragic accident
could have been prevented if OSHA regulations and equipment manufacturer's
instructions had been followed," said Clyde Payne, OSHA's
Jackson area director. "Significant penalties are proposed
when employers are aware of unsafe conditions and fail to abate
them."
OSHA's investigation revealed
that employees were routinely allowed to operate unguarded machinery
and to service and repair equipment while machinery was energized.
The fatality occurred when a worker was caught in an unguarded
palletizer, part of a conveyer system used to move pallets.
The company received two
willful citations directly related to the fatal accident, each
with a proposed penalty of $49,000. Cited items were failure
to train employees and develop energy control procedures that
rendered machinery inoperable during repair, maintenance or servicing,
and failure to install machine guards on moving parts of equipment.
OSHA issues a willful citation when an employer has shown an
intentional disregard of, or plain indifference to, the requirements
of the Occupational Safety and Health Act and regulations.
The drinking water bottler
also received 28 serious citations, with penalties totaling $66,150
for safety and health hazards. Alleged violations include lack
of eye wash stations and personal protective equipment for employees
working with corrosive materials; exposing workers to ozone well
above the permissible levels; failing to train and certify forklift
operators; improper use of a rough terrain forklift; lack of
a hearing conservation program; lack of proper electrical equipment;
improperly stored chemicals; and lack of machine guarding on
other equipment not involved in the accident. A serious citation
is issued when there is substantial probability that death or
serious physical harm could result and the employer knew or should
have known of the hazard.
The company has 15 working
days from receipt of the citations to contest the citations and
proposed penalties before the independent Occupational Safety
and Health Review Commission. The worksite was inspected by staff
from the OSHA's area office in Jackson located at 3780 I-55 North,
Suite 210; phone: (601) 965-4606.
Source: OSHA News Release 11/21/06
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