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MIOSHA Fines
M&W Industries of Detroit $236,890 for Failure to Protect
Employees from Amputations and Other Safety Hazards
Michigan
Department of Labor & Economic Growth (DLEG) Director Keith
W. Cooley today announced the Michigan Occupational Safety and
Health Administration (MIOSHA) has cited M&W Industries of
Detroit with $236,890 in proposed penalties for allegedly failing
to adequately protect employees from amputations and other safety
hazards, and failing to comply with commitments to improve overall
safety and health for employees.
Six amputations
have occurred at M&W Industries since June 2006:
* On 01/05/2007,
an employee amputated the first three fingers on his left hand
while he was operating a hydraulic press;
* On 12/19/2006, an employee amputated his left ring finger while
he was operating a hydraulic squaring shear;
* On 09/23/2006, an employee nearly severed his left hand (partial
amputation) while he was operating a horizontal band saw;
* On 06/28/2006, an employee amputated her left index finger
while she was operating a hydraulic press;
* Also on 06/28/2006, another employee amputated his right index
finger while he was operating the same hydraulic press as above;
* On 06/07/2006, an employee amputated his left index finger
while he was operating a horizontal band saw.
"M&W
Industries has been given ample opportunity to correct the serious
hazards which are endangering the health and well being of their
employees. Their failure to protect their workers will not be
tolerated," said Cooley. "Not only did M&W Industries
not comply with MIOSHA requirements, their continued disregard
for employee safety led to six employees suffering amputation
injuries since June 2006. We are sending a clear message to all
employers that they must be proactive and consistently protect
their workers."
In 2005,
the MIOSHA General Industry Safety and Health Division conducted
a planned, wall-to-wall inspection at the 13550 Helen Street
location that resulted in 20 Serious, one Willful, eight Repeat-Serious,
and 13 Other-than-Serious violations. Because the inspection
findings included Willful and Repeat-Serious violations, it is
agency practice to conduct a follow-up inspection to ensure that
items are corrected and corrections are maintained.
Between March
5, and April 9, 2007, MIOSHA conducted four inspections at two
M&W Industries sites. Despite a settlement agreement from
the 2005 inspection, the follow-up inspections found that the
firm failed to abate identified hazards. Specifically, the company
failed to: install needed guards, provide required employee training
on worksite chemicals, provide audiometric testing and training,
train employees on the safe operation of overhead and gantry
cranes, and enforce the use of lockout.
Inspection
Citations - 13550 Helen Street:
2 Follow-up Inspections
9 Fail-to-Abate Notices - $79,290
1 Planned Partial Inspection
3 Repeat-Serious - $24,000
Inspection
Citations - 20101 Hoover Street:
1 Employee Complaint
2 Willful - $112,000
3 Serious - $12,000
1 Repeat-Serious - $8,000
2 Other-than-Serious - $1,600
Total Proposed
Penalties: $236,890
A Willful
violation is one committed with an intentional disregard of the
requirements of MIOSHA regulations, or plain indifference to
employee safety and health. A Serious violation exists where
there is a substantial probability that serious physical harm
or death can result to an employee. An Other-than-Serious violation
is a condition that would probably not cause death or serious
physical harm but would have a direct and immediate relationship
to the safety and health of employees.
M&W Industries
started in 1981, and employs about 575 workers at four plants
in the Detroit area. The company manufactures metal parts for
the defense, automotive, and material handling industries. Their
major product lines include defense weldments (assemblies whose
component parts are joined by welding), material handling products,
and other metal welded components. M&W Industries is the
largest supplier of expendable steel racks in the automotive
industry.
MIOSHA scheduled
inspections target establishments with high injury/illness rates
and a high incidence of lost workday cases, based on Michigan
data. The intent of the scheduled inspections is to identify
hazardous conditions, so that the hazards can be corrected before
injuries and illnesses occur.
"Taking
the time to follow MIOSHA regulations can not only protect workers-it
can greatly enhance a company's bottom line," said MIOSHA
Director Doug Kalinowski. "Successful Michigan companies
have shown that a strong safety and health program contributes
to increased production, improved quality and greater profits."
The MIOSHA
Consultation Education and Training (CET) Division has nearly
40 safety and health consultants that can help provide abatement
advice to companies, as well as furnish information on building
an effective safety and health management system.
The company
has 15 working days from receipt of the citations and notices
to comply or contest the violations and penalties. (Attached
is a Summary of Violations for the inspections.)
Source: MIOSHA News Release 6/28/07
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