December 8, 2015 - Additonal OSHA Fines For Case Farms More Than 1.87M in Penalties For 2015
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December 8. 2015
Canton, OH
Federal inspections of Case Farms' processing facilities in Ohio have resulted in an additional $462,000 in penalties for deficiencies in ammonia refrigeration systems at two of the company's Ohio facilities.
The leading supplier of fast food and supermarket chicken has racked up more than $1.87 million in fines from the U.S. Department of Labor's Occupational Safety and Health Administration this year for exposing workers to multiple safety and health violations.
OSHA cited the company for 11 repeated, four serious and two other-than-serious violations on Dec. 1 at Case Farms' Winesburg plant. Proposed penalties total $308,000. The company's Canton facility faces an additional $154,000 in penalties after OSHA cited it for five repeated and three serious violations on Dec. 1. "Case Farms needs to protect its workers. Period," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "The company has a 25-year track record of failing to comply with federal workplace safety standards. OSHA will remain vigilant until the company keeps its workers safe by making needed improvements to equipment, procedures and training."
OSHA cited Case Farms in 2011 for many of the same violations. The agency's follow-up inspection found 16 repeated and five serious violations of process safety management procedures for ammonia refrigeration systems used in Canton and Winesburg. Inspectors found the company lacked clear, written operating procedures, failed to test and inspect systems and did not provide adequate training for workers.
Case Farms has more than 10,000 pounds of ammonia in its refrigeration system at each plant. Exposure to ammonia can cause serious respiratory illness, and the accidental release of ammonia from pressurized pipes and vessels may have catastrophic consequences.
OSHA also determined that the company failed to do the following:
- Perform annual blood borne pathogen refresher training.
- Provide hepatitis B vaccine for workers exposed to bloodborne pathogens.
- Store gas cylindersproperly.
In 2013, Case Farms arranged to address safety violations in a settlement agreement with OSHA after an inspection found workers exposed to dangerous machineryand other hazards at its Winesburg plant. However, follow-up inspections led to the issuance of citations on May 28, 2015, and most recently on Aug. 13, 2015.
In August 2015, OSHA placed Case Farms in the agency's Severe Violator Enforcement Programafter it assessed $861,500 in penalties following inspectionsat the company's Winesburg facility.
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Online access to NFPA's consensus documents places important safety information on the desktops of traditional users, as well as others who have a keen interest.
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Flash Victim Survives But Clearly Will Need A Change In Wardrobe
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Businesses Facing Higher OSHA Fines Under New Law
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December 7, 2015
The Business Journal
A new law gives the federal government the power to impose harsher fines on businesses that violate workplace safety laws, but the financial impact won't be known until next summer.
The Occupational Safety and Health Administration will be able to increase the penalties it imposes - the first increase of its kind in many years - because of a provision that was included in the Bipartisan Budget Act of 2015. The Republican-controlled Congress approved the two-year budget bill in the waning days of October, just before the federal fiscal year ended. President Barack Obama a Democrat, signed the legislation Nov. 2.
The Obama administration has argued for the past several years that one of the biggest obstacles to OSHA's enforcement of workplace safety laws is the low level of civil penalties that are allowed.
The civil penalties were limited to $7,000 for serious violations, such as hazards that could cause death or serious bodily injury, and $70,000 for willful and repeat violations. The actual penalties paid are often less because businesses can challenge the fines and negotiate a settlement.
By contrast, the Environmental Protection Agency can impose a penalty of $270,000 for violations of the Clean Air Act and $1 million for attempting to tamper with a public water system.
"OSHA's current penalties are clearly not strong enough to provide adequate incentives, and some employers see them as simply the 'cost of doing business," the agency said in a prepared statement.
"The maximum civil penalty OSHA may impose when a hard-working man or woman is killed on the job - even when the death is caused by a willful violation of an OSHA requirement - is $70,000," the agency said.
The big question now is how much the new penalties will be increased.
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