The Occupational Safety and Health Administration (“OSHA”) has completed its investigation into a manufacturing plant following an inspection in February 2022. After receiving a complaint, OSHA inspected M&H Crates Inc.
The OSHA investigation found numerous deficiencies which did not follow required federal standards. OSHA determined the company “continues to expose its employees to dangerous workplace hazards by ignoring required federal safety standards.” Following the investigation, OSHA issued multiple citations, for violations of the below federal guidelines:
- 29 CFR 1910.22(a)( l ): The employer failed to provide a clean and sanitary condition for all places of employment, passageways, storerooms, service rooms, and walking-working surfaces
- 29 CFR 1910.133(a)( l): The employer did not ensure that each affected employee uses appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation
- 29 CFR 1910.1 47(c)(7)(i)(A): Each authorized employee did not receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace, and the methods and means necessary for energy isolation and control
- 29 CFR 1910. 176(c): Storage areas were not kept free from accumulation of materials that constituted hazards from tripping, fire, explosion, or pest harborage
- 29 CFR 1910.303(b)(7)(i): Unused openings in boxes, raceways, auxiliary gutters, cabinets, equipment cases, or housings were not effectively closed to afford protection substantially equivalent to the wall of the equipment
- 29 CFR 1910.303(g)(2)(i):Except as elsewhere required or permitted by this standard, live parts of electric equipment operating at 50 volts or more shall be guarded against accidental contact by use of approved cabinets or other forms of approved enclosures or by any of the following means
- 29 CFR 1910.305(b)(2)(i): All pull boxes, junction boxes, and fittings were not provided with covers identified for the purpose. If metal covers are used, they will be grounded. In completed installations, each outlet box will have a cover, faceplate, or fixture canopy. Covers of outlet boxes having holes through which flexible cord pendants pass will be provided with bushings designed for the purpose or will have smooth, well rounded surfaces on which the cords may bear
- 29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees are engaged in the activities covered by this section
As a result of the findings, OSHA recommended fines totaling $228,127.00.
It goes without saying that safe companies must have adequate safety policies and procedures to protect their workers when using machinery. It is more than merely having a written down procedure, workers must understand and follow what has been developed by the company. OSHA has previously issued guidance on the importance of machine guarding. OSHA recommends:
Moving machine parts have the potential to cause severe workplace injuries, such as crushed fingers or hands, amputations, burns, or blindness. Safeguards are essential for protecting workers from these preventable injuries. Any machine part, function, or process that may cause injury must be safeguarded. When the operation of a machine or accidental contact injure the operator or others in the vicinity, the hazards must be eliminated or controlled. This page contains general information on the various hazards of mechanical motion and techniques for protecting workers.
One of the risks to workers when these precautions are not taken is amputation. According to OSHA, amputations are widespread in the workplace:
Amputations are among the most severe and disabling workplace injuries that often result in permanent disability. They are widespread and involve various activities and equipment. (The U.S. Bureau of Labor Statistics 2005 annual survey data indicated that there were 8,450 non-fatal amputation cases – involving days away from work – for all private industry. Approximately forty-four percent (44%) of all workplace amputations occurred in the manufacturing sector and the rest occurred across the construction, agriculture, wholesale and retail trade, and service industries.) These injuries result from the use and care of machines such as saws, presses, conveyors, and bending, rolling or shaping machines as well as from powered and non-powered hand tools, forklifts, doors, trash compactors and during materials handling activities.
Our experienced lawyers have handled personal injury and wrongful death lawsuits of all kinds and have the skills needed to represent the families of loved ones who have lost their lives or those who have been seriously injured due to an amputation. The experienced personal injury and wrongful death attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one was a victim of an industrial accident.
Our lawyers have represented numerous workers who have sustained serious and catastrophic injuries on a job site as a result of the negligence of another party. There are strict and short time limits on making claims, so please contact us online or call 713-804-9306 or to learn more about your legal rights.