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Showing posts with label Occupational Safety and Health Administration. Show all posts
Showing posts with label Occupational Safety and Health Administration. Show all posts

Friday, January 16, 2026

Safety Training Saves Lives and Money

How Proactive Workplace Safety Reduces Workers' Compensation Claims and Prevents Accidents

Workplace injuries remain a costly reality for American businesses. According to the latest data from Liberty Mutual's 2025 Workplace Safety Index, employers pay more than $1 billion per week in direct workers' compensation costs for disabling, non-fatal workplace injuries. The National Safety Council estimates that work-related deaths and injuries cost the nation nearly $1.2 trillion annually. But there's a proven solution: comprehensive safety training.

The Real Cost of Inadequate Training

The financial impact of workplace accidents extends far beyond immediate medical costs. When an employee is injured on the job, the average cost per medically consulted injury reaches approximately $42,000. For fatalities, that number exceeds $1.3 million per employee. These figures don't account for indirect costs like lost productivity, temporary replacement workers, overtime pay, legal fees, and increased insurance premiums.

Consider the ripple effects: an injured worker typically misses eight days of work on average, though serious injuries can result in 18 or more days of absence. During this time, other team members must pick up the slack, productivity declines, and business operations suffer. A study by the Integrated Benefits Institute found that for every dollar spent on healthcare benefits, an additional $0.61 in productivity is lost due to illness and injury.

Safety Training: A Proven ROI

The good news? Investing in workplace safety training delivers remarkable returns. OSHA research demonstrates that employers save $4 to $6 for every $1 invested in effective safety programs. A groundbreaking California study revealed even more impressive results: workplaces that underwent Cal/OSHA inspections experienced a 9.4% drop in injury claims and 26% average savings on workers' compensation costs over four years—saving an estimated $355,000 per inspected firm.

Real-world case studies confirm these findings:

  • A logistics company reduced workers' compensation claims by 25% after revamping its safety training program
  • A manufacturing facility achieved a 40% reduction in accident rates within one year of implementing rigorous safety training
  • A trucking fleet saved over $250,000 annually by reducing collisions through comprehensive driver safety programs

The New Worker Risk Factor

Recent data from Travelers Companies reveals a concerning trend: new employees face a disproportionately higher risk of injury. Analysis of over 2.6 million workers' compensation claims shows that inadequate training during the crucial first weeks of employment significantly increases the likelihood of accidents.

This vulnerability affects all industries but is particularly acute in high-risk sectors like construction, manufacturing, healthcare, and transportation. Companies that implement structured onboarding with comprehensive safety training during an employee's first 30-90 days see dramatically lower injury rates.

Top Causes of Preventable Workplace Injuries

According to the latest research, the two leading causes of workplace injuries are:

  1. Overexertion (29% of injuries): Improper lifting techniques, repetitive motions, and physical strain
  2. Slips, Trips, and Falls (23% of injuries): Wet surfaces, cluttered walkways, inadequate lighting, and improper footwear

Combined, these two categories alone cost employers $32.65 billion in 2024. Both are highly preventable through proper training and workplace modifications.

Building an Effective Safety Culture

Creating a culture of safety requires more than one-time training sessions. Industry leaders recommend:

Comprehensive Onboarding: New employees should receive role-specific safety training before beginning work. This includes hazard recognition, proper equipment use, emergency procedures, and reporting protocols.

Ongoing Education: Regular refresher courses keep safety top of mind and address emerging hazards. Digital training platforms make it easy to deliver consistent, trackable training across all locations.

Hazard-Specific Training: Focus on the most common risks in your industry. Manufacturing facilities need machinery safety protocols, construction sites require fall protection training, and healthcare workers need proper patient handling techniques.

Heat Illness Prevention: For outdoor and industrial workers, heat-related illness prevention training is critical, especially during the summer months. Workers need to recognize symptoms, understand acclimatization periods, and know when to seek medical attention.

Ergonomic Training: Teaching proper posture, lifting techniques, and workstation setup can reduce the risk of repetitive strain injuries by up to 30%.

The Impact on Experience Modification Rates

Workers' compensation premiums are calculated using your company's Experience Modification Rate (EMR), which compares your claims history to others in your industry. An EMR of 1.0 is average; below 1.0 results in premium discounts, while above 1.0 means surcharges.

Every prevented accident directly improves your EMR and reduces premiums. Companies that implement robust safety training programs often see their EMR drop significantly over 2-3 years, resulting in substantial long-term savings.

Beyond Cost Savings

While the financial benefits are compelling, the human impact matters most. Effective safety training:

  • Protects workers from life-altering injuries
  • Demonstrates employer commitment to employee well-being
  • Improves employee morale and retention
  • Enhances the company's reputation as an employer of choice
  • Reduces regulatory violations and OSHA penalties
  • Boosts overall productivity and efficiency

Taking Action

The evidence is clear: comprehensive safety training is not an expense—it's a strategic investment that protects both people and profits. Organizations that embrace proactive safety programs reduce claims, lower insurance costs, and create safer, more productive workplaces.

As workplace safety expert Rick Finemann of Berkshire Hathaway Homestate Companies emphasizes, "The dollars tied up in claims are staggering, but the real cost is in the human impact and the productivity you lose. That's why prevention is always more powerful than paying claims after the fact."

Every accident prevented is a life protected and a cost avoided. The time to invest in safety training is now—before the next preventable injury occurs.

Key Resources

OSHA Business Case for Safety and Health
https://www.osha.gov/businesscase

Liberty Mutual Workplace Safety Index
https://business.libertymutual.com/insights/workplace-safety-index/

National Safety Council
https://www.nsc.org/workplace

Compliance Solutions - Safety Training ROI
https://csregs.com/blogs/eh-s-e-learning/financial-benefits-of-preventing-workplace-injuries-through-safety-training

EHS Today - Online Safety Training and Workers' Comp
https://www.ehstoday.com/training-and-engagement/article/55323536/online-safety-training-is-a-direct-path-to-reducing-workers-compensation-premiums

Blog: Workers' Compensation

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

Mastodon:@gelman@mstdn.social

Blue Sky: jongelman@bsky.social

Substack: https://jongelman.substack.com/


© 2026 Jon L Gelman. All rights reserved.


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Disclaimer

This blog post was updated on 1/16/2026

Thursday, March 31, 2016

OSHA Settles with Anheuser-Busch of New Jersey - Warehouse Violations

US Labor Department settlement: Anheuser-Busch of New Jersey agreesto enhance safety for workers at its Jersey City, Bronx distributorships

Background: The U.S. Department of Labor’s Occupational Safety and Health Administration cited the company in December 2014 for numerous safety violations at its Jersey City distribution warehouse. Hazards included untrained forklift operators, obstructed exit routes, damaged storage racks and inadequate chemical hazard communication training. The company contested its citations on Dec. 23, 2015.

Resolution: The department and Anheuser-Busch Sales of New Jersey have reached a settlement in which the company will implement and maintain enhanced safety measures for employees at its distributorships in Jersey City at 101 Linden Avenue E and in Bronx, New York at 550 Food Center Drive.

These enhancements require Anheuser-Busch to:
Conduct comprehensive safety and health self-audits focusing on hazards involving powered industrial trucks, safety and training, material handling, hazard communication and means of egress.
Establish safety and health committees made up of management, employees, unions and individuals responsible for safety at the distributorships.
Make management responsible for implementing the committees’ recommended changes.
Make the committees’ findings, recommendations and analyses available to OSHA upon request.
Ensure the adequate training of all leased, temporary and/or subcontractors’ employees.
Consent to interim monitoring inspections by OSHA.

As part of the settlement, Anheuser-Busch has already corrected the cited hazards at its Jersey City location and paid a fine of $150,000. The settlement can be viewed here*.

Quotes: “This settlement commits Anheuser-Busch to making safety a priority for workers at its New Jersey and New York distributorships,” said Robert Kulick, OSHA’s regional administrator in New York. “Successfully implemented, this agreement will result in safer working conditions for numerous workers at multiple company locations.”

“Proactively addressing conditions at more than the cited location makes sense and pays dividends for workers and employers alike. This course of action can reduce hazards and injuries and increase a company’s productivity,” said Jeffrey Rogoff, regional solicitor for the department in New York.

The original investigation was conducted by OSHA’s Parsippany Area Office. The department’s regional Office of the Solicitor in New York negotiated the settlement for OSHA.
Date of action: Jan. 11, 2016
Type of action: Stipulated Settlement

Names of defendants: Anheuser-Busch Sales of New Jersey LLC, a wholly owned subsidiary of Anheuser-Busch Inbev SA/NV.

Sunday, March 27, 2016

Silca: New US DOL Rule to Protect Workers

The U.S. Department of Labor's Occupational Safety and Health Administration today announced a final rule to improve protections for workers exposed to respirable silica dust. The rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica.

Thursday, January 14, 2016

OSHA schedules public hearing on proposed rule on occupational exposure to beryllium

The Occupational Safety and Health Administration has scheduled a public hearing on the agency's proposed rule to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds. The hearing will be held Feb. 29, 2016, in Washington, D.C.

The proposed rule, published on Aug. 7, 2015, would dramatically lower workplace exposure to beryllium, a widely used material that can cause devastating lung disease. This hearing will provide the public an opportunity to testify or provide evidence on issues raised by the proposal.

The hearing will begin at 2 p.m. ET in Room N-4437 A-D, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC. If necessary, the hearing will continue from 9:30 a.m. to 5 p.m. ET on subsequent days in Washington, D.C.

Individuals who intend to present testimony or question witnesses must submit the full text of their testimony and all documentary evidence by Jan. 29, 2016. Submissions may be sent electronically to www.regulations.gov, the Federal eRulemaking Portal. Additionally, submissions may be mailed or delivered; see the Federal Register notice for details.

Currently, OSHA's eight-hour permissible exposure limit for beryllium is 2.0 micrograms per cubic meter of air. Above that level, employers must take steps to reduce the airborne concentration of beryllium. That standard was originally established in 1948 by the Atomic Energy Commission and adopted by OSHA in 1971. OSHA's proposed standard would reduce the eight-hour permissible exposure limit to 0.2 micrograms per cubic meter. The proposed rule would also require additional protections, including personal protective equipment, medical exams, and training.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

Friday, September 25, 2015

Employees exposed to dangerous workplace hazards at Pennsauken aluminum
 services plant

A aluminum company fined $308K
 OSHA's investigation found 44 safety violations, including one willful:

Employer name: Aluminum Shapes LLC, 9000 River Road, Delair, New Jersey.

Citations issued: On Sept. 21, 2015, the Occupational Safety and Health Administration cited the company for one willful, three repeat, 35 serious, and five other-than-serious violations.
Investigation findings: OSHA launched an investigation April 16, 2015, after being notified that an employee suffered a broken leg on March 24 while operating a crane and was hospitalized. The company failed to report the incident to the agency within 24 hours, as required.

The willful citation involved electrical equipment with damaged parts that could adversely affect the safe operation or mechanical strength of the equipment. In addition, pendant control boxes for a crane were damaged, malfunctioning and not clearly marked; damaged slings were not removed from service; and metal saws were not guarded to prevent employee exposure, resulting in the repeat citations. Unguarded floor openings, lack of machine guarding and confined space training were among the serious violations.

The other-than-serious violations included the employer's failure to report the hospitalization and an inadequate hazard communication program.

Proposed Penalties: $308,000

Quote: "The number of safety violations found at Aluminum Shapes' plant is completely unacceptable. This employer blatantly ignored known safety requirements, causing a preventable worker injury," said Robert Kulick, OSHA's regional administrator in New York. "This company is now paying a hefty price for its negligence. The hazards identified in the investigation should be immediately addressed to prevent future incidents and ensure worker safety."

View the citations: https://www.osha.gov/ooc/citations/Aluminum_Shapes_LLC_1059368_Sept_23_2015.pdf

Wednesday, August 12, 2015

Lead: Bringing it Home From Work

NIOSH reports that homes may be contaminated by toxic substances such as lead when employees bring home the contaminates. Bystander exposure occurs when employees bring home toxic substances on their bodies, clothing or other objects. Lead affects the developing nervous system of children, and no safe blood lead level (BLL) in children has been identified:

Monday, April 27, 2015

The Circus: OSHA Settlement

Ringling Bros. to enhance safety for all aerial acts after settlement agreement
9 employees injured in May 2014 fall in Providence, Rhode Island

Ringling Bros. and Barnum & Bailey Circus, will implement ongoing safety enhancements in aerial acts to protect employees against injuries like those sustained by its aerialists during a May 4, 2014, performance in Providence, Rhode Island. Feld Entertainment Inc., headquartered in Palmetto, Florida, owns the circus.

Saturday, October 25, 2014

Judge upholds citations issued for bloodborne pathogen and lead exposure hazards at West Caldwell, New Jersey, company

Drivers and loading-dock workers at UniFirst Corp. were exposed to hazards that involved bloodborne pathogens and lead at its West Caldwell, New Jersey, facility, according to an administrative law judge from the independent Occupational Safety and Health Review Commission. On Sept. 30, Administrative Law Judge Carol Baumerich issued a ruling that affirmed all citations and penalties against the company from a 2011 inspection by the U.S. Department of Labor's Occupational Safety and Health Administration.

"UniFirst's plain indifference to OSHA's requirements compromised the safety and health of its workers," said Robert Kulick, OSHA's regional administrator in New York. "The judge's decision in this case sends a strong message to UniFirst and other employers: Those who ignore their legal responsibility to provide safe and healthy workplaces for employees will be held accountable."

OSHA cited the company for violations of its Bloodborne Pathogens Standard, including failure to conduct proper training and provide Hepatitis B vaccinations to drivers and loading-dock workers. These workers picked up and sorted dirty lab coats and other laundry from customers who regularly drew and/or tested blood. The workers were exposed to lab coats and laundry potentially contaminated with blood or improperly disposed of contaminated needles or syringes mixed in with the laundry. The company was also cited for exposing workers to lead hazards because employees were picking up laundry that had been contaminated with lead. Lead was subsequently found on work surfaces at the facility.

UniFirst contested the citations, and a five-day hearing was held in Newark, New Jersey, beginning on May 22, 2013. Margaret Temple and Andrew Katz from the department's Regional Office of the Solicitor in New York tried the case.

Judge Baumerich found that UniFirst's management routinely and intentionally falsified training sign-in sheets, intentionally required employees to sign training sign-in sheets without receiving training, forged employee signatures and allowed training to be conducted by managers who were not competent in the subjects they taught.

The judge determined that the majority of the company's employees neither received the Hepatitis B vaccine nor signed the form declining the vaccine. In some cases, employees were not given the option to receive the vaccine for months, and in some instances years, upon gaining employment at the facility. The judge also found that the company did not comply with OSHA standards requiring the use of biohazard bags.

Judge Baumerich concluded that employees did not receive training on the hazards of lead exposure until after the OSHA inspection began, although they were potentially exposed to airborne lead before the inspection. She determined that without the proper training, employees would not know that laundry could be contaminated with lead or how to handle potentially contaminated laundry and to wear appropriate personal protective equipment.

UniFirst Corp., based in Wilmington, Massachusetts, has 20 days from the date the administrative law judge's decision is docketed with the Occupational Safety and Health Review Commission to appeal the ruling. The original inspection was conducted by OSHA's Parsippany Area Office.

The commission is an independent federal agency that decides contests of citations or penalties resulting from OSHA workplace inspections. An employer who is cited by OSHA for an alleged workplace health or safety violation can contest the OSHA citation and have the case heard by a commission administrative law judge, who issues a decision. The judge's decision can then be appealed to the commission, whose members are presidential appointees.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Perez v. UniFirst Corp.
OSHRC Docket Number: 12-1304

Monday, October 6, 2014

Taking Action on Workplace Stress

Taking Action on Workplace Stress
Presenter: John Oudyk, Occupational Hygienist, OHCOW
Date: Tuesday, October 21, 2014
Time: 1:00 pm – 2:00 pm EDT


(opens a new browser window on gotomeeting.com)

Product Description

Is work stressing your employees out? If so, they’re not alone. In Canada, over a quarter of working adults report feeling highly stressed at work. Factors such as excessive demands, lack of control, insecure job arrangements, inadequate resources and support, and workplace bullying and harassment can all took their toll on the well-being of workers.
This free webinar takes a closer look at ways to identify and measure these psychosocial hazards, and outlines mental injury prevention tools and resources to help your organization take action on workplace stress.

Who should attend

Health and safety professionals and committee members, managers, supervisors, employers, and anyone interested in a better understanding of workplace stress.

About the presenter

As an Occupational Hygienist for the last 25 years with the Hamilton Clinic of the Occupational Health Clinics for Ontario Workers, John has measured all kinds of hazards in workplaces ranging from offices to foundries. In the 1990’s he began to measure psychosocial hazards in office settings and among firefighters. In 2009 he started working with the Mental Injuries Tool group to devise a questionnaire to help workplace parties assess psychosocial hazards at work. John has a degree in Chemical Engineering from the University of Waterloo and Masters in Health Research Methods from the McMaster University. He has an appointment as an Assistant Professor (part-time) in the Clinical Epidemiology and Biostatistics Department.

System Requirements

After registering you will receive a confirmation email from GoTo Webinar containing instructions on how to join the webinar.
You do not need a microphone or a telephone to listen to this webinar - just listen to the presentation through your computer's speakers or headphones.
PC-based attendees
  • Internet Explorer 7.0, Mozilla Firefox 4.0, Google Chrome 5.0 (JavaScript enabled) or the latest version of each web browser
  • Windows 8, 7, Vista, XP or 2003 Server
  • Cable modem, DSL or better Internet connection
  • Dual-core 2.4GHz CPU or faster with 2GB of RAM (recommended)
Macintosh-based attendees
  • Safari 3.0, Firefox 4.0, Google Chrome 5.0 (JavaScript enabled) or the latest version of each web browser
  • Mac OS X 10.6 – Snow Leopard or newer
  • Intel processor (1GB of RAM or better recommended)
  • Cable modem, DSL, or better Internet connection

Friday, August 29, 2014

OSHA Fines Frost King $90K for Workplace Hazards

Workers willfully exposed to amputation hazards at Paterson, New Jersey, manufacturing facility
Film Pak Extrusion facing more than $90K in OSHA penalties

Workers at Film Pak Extrusion LLC were exposed to amputation and other safety and health hazards according to an investigation by the U.S. Department of Labor's Occupational Safety and Health Administration. The company's Paterson manufacturing facility has been cited for one willful and 12 serious workplace violations related to the dangerous conditions. The company manufactures products under the name Frost King, a well-known, do-it-yourself brand of supplies for contractors distributed in stores like Home Depot and Lowes throughout the United States. OSHA initiated the inspection in February and is proposing $90,300 in penalties.

"Machines left without required guards can cause catastrophic injury to workers, including amputation and death. One slip can end a worker's life or livelihood, and employers can prevent that," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "Film Pak Extrusion has a responsibility to put worker safety first."

OSHA inspectors cited the company with a willful violation, with a $56,000 penalty, due to a lack of machine guarding. According to the Bureau of Labor Statistics, approximately 9,000 New Jersey workers were injured* in the manufacturing industry during 2011, the most recent year with available data. BLS reported 8,200 New Jersey manufacturing workers were injured in 2010. The rate of incidents grew from 3.2 cases per 100 workers in 2010* to 3.6 in 2011*. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Carrying $34,300 in penalties, serious violations were cited for the following:
An obstructed exit route
Lack of a lockout/tagout program
Powered industrial trucks not inspected prior to use
Lack of a hearing conservation program
Failure to conduct audiometric testing
Failure to provide hearing protection and training on hearing protection and noise hazards
Failure to maintain washing facilities

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Film Pak Extrusion has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Friday, August 22, 2014

SeaWorld Won't Appeal Ban On Trainers Performing With Orcas

Today's post was shared by WCBlog and comes from www.npr.org

SeaWorld has decided not to appeal a court ruling that prohibits its trainers from performing with killer whales, the Orlando Sentinel reports, citing a filing with the Securities and Exchange Commission.
The legal battle has lasted for years, beginning with the death of trainer Dawn Brancheau by an orca named Tilikum in 2010.
As we reported after the incident, the Occupational Safety and Health Administration fined SeaWorld $75,000 and kept trainers from performing alongside orcas. At the time, SeaWorld contested OSHA's conclusion.
This past April, a U.S. Court of Appeals in Washington, D.C., upheld that citation.
SeaWorld has taken a lot of heat for its use of orcas for entertainment, particularly after the 2013 documentary Blackfish, which featured Tilikum.
Since Brancheau's death in 2010, SeaWorld has taken steps to improve safety for trainers. As NBC 6 in South Florida reports, it "has implemented new safety protocols and equipment for trainers, including an investment of $70 million in lifting floors in the pools that could quickly isolate whales."
SeaWorld announced Aug. 15 that it would be creating bigger "living spaces" for the whales, the first of which will be at SeaWorld San Diego and is scheduled to open in 2018. The...
[Click here to see the rest of this post

Wednesday, August 20, 2014

Cal/OSHA fines aviation company in death of LAX baggage worker

Today's post is shared from the latimes.com

State officials fined an aviation services company $77,250 on Wednesday for five safety violations related to the death of a baggage worker in February at Los Angeles International Airport.

The California Division of Occupational Safety and Health leveled the penalty against Menzies Aviation, whose employee, Cesar Valenzuela, 51, died after being thrown from a baggage tug that did not have a functional seat belt.

Cal/OSHA investigators said seatbelts were required for the vehicle and that Menzies' safety policies related to baggage tugs did not require and even discouraged the use of restraints in certain areas of LAX.

"This fatality could have been prevented with a well thought out and implemented safety plan as is required for all worksites in California," said Christine Baker, director of the state Department of Industrial Relations.

Menzies and other aviation service companies contract with airlines to provide cabin cleaners, security personnel, custodians, wheel-chair assistants and baggage handlers.

The citations prompted union officials and service company employees to renew their calls for improvements to working conditions at LAX, the nation's third-busiest airport.

"Workers punching in at the start of a shift ought to be able to finish the day without risking their health or losing their life,"...


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Thursday, August 7, 2014

Wilcox Farms Fatal Silo Collapse - Citations

Today's post comes from guest author Kit Case, from Causey Law Firm.
By Kit Case from Causey Law Firm
The Department of Labor & Industries (L&I) issued a press release on June 4th stating that it has cited Wilcox Farms Feedmill, Inc., of Roy for safety violations related to a fatal silo collapse last December. One worker died after he was engulfed in more than 400 tons of corn that spilled out of the silo.
Wilcox Farms issued a press release on February 12, 2014 describing the incident, the emergency response to it and how competitor farms came to the business's rescue to provide feed for the chickens in the days after the accident. 
“As an employer, especially a family business, it’s the worst thing you could ever imagine happening,” said Andy Wilcox. “The fact that we weren’t able to find Steve for two days was really tough.”
Wilcox has been cited for one “willful” and two “serious” safety violations with total penalties of $67,200. The state investigation found shortcomings in how the company maintained and managed the silo, and inadequate employee training.
A serious violation exists in a workplace if there is a substantial probability that worker death or serious physical harm could result from a hazardous condition. A willful violation can be issued when L&I has evidence of plain indifference, a substitution of judgment or an intentional disregard to a hazard or rule.
The day the 60-foot tall silo collapsed, two employees were working on feedmill operations, which included discharging corn using an auger in the silo. The unloading auger was not working that day, so they opened a side discharge door to allow corn to flow onto the outer portion of the auger. During that process, the silo collapsed and 400-500 tons of corn spilled out, engulfing one worker who was unable to escape.
Worker fatalities are tragic and preventable,” said Anne Soiza, assistant director of L&I’s Division of Occupational Safety and Health. “Our state requires all employers to provide safe and healthy workplaces. We fully expect Wilcox will correct the hazards and practices that haven’t been fixed already to ensure their employees are as safe as can be.”
Wilcox Farms has 15 working days to appeal the citation.
As part of the investigation, L&I hired an engineer to assess the structural integrity of the silo.
The investigation found four instances where Wilcox was not following proper silo operation and maintenance procedures that may have contributed to the collapse. For example, if corn is added or discharged improperly or the silo is overfilled, tons of grain could build up at an uneven rate and then suddenly shift and create instability. The four instances were:
  • A side discharge system was used to unload corn instead of the manufacturer’s standard procedure of withdrawing grain from the vertical center via the auger. The side discharge system was not installed, designed or supplied by an authorized dealer or contractor.
  • The silo was overfilled all the way to the roof and past the maximum fill level of one inch from the top of the vertical walls.
  • The silo had been previously repaired with a patch over a rupture of the wall due to corrosion. The repair was not made with corrugated material and was not done in a way to ensure structural stability. Also, it wasn’t assessed by a structural engineer or the silo manufacturer.
  • There were previous occasions during which the company had simultaneously filled the silo while it was being discharged.
L&I concluded that this was a willful violation with a proposed penalty of $56,000.
The investigation also found two serious violations with proposed penalties of $5,600 each:
  • Employees weren’t trained in specific procedures and safety practices for silo operations and maintenance.
  • The employer did not maintain the silos in accordance with the manufacturer’s maintenance and safety procedures.
Wilcox Farms has 15 working days to appeal the citation. For a copy of the citation, please contact L&I Public Affairs at 360-902-5673.
Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping workers and families of those who have died on the job.

Friday, July 25, 2014

OSHA issues new directive to keep communication tower workers safe

The Occupational Safety and Health Administration has updated its Communications Tower directive regarding the use of hoist systems used to move workers to and from workstations on communication towers. This follows an alarming increase in preventable injuries and fatalities at communication tower work sites.
More fatalities occurred in this industry in 2013 than in the previous two years combined. This disturbing trend appears to be continuing, with nine worker deaths occurring so far in 2014.
"This directive ensures that communication tower workers are protected regardless of the type of the work they are doing on communication towers," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Employers and cell tower owners and operators must make sure workers are properly trained and protected."
The directive outlines the proper use of hoist and other fall arrest systems and includes detailed information on how to hoist people safely. The directive updates a 2002 enforcement policy, which only covered the hoisting of workers to workstations during new tower erection activities. The updated policy covers any work on a communication tower - including both maintenance and new construction - that involves the use of a hoist to lift workers from one elevated workstation to another.
The release of the new directive is the latest in a series of actions OSHA has taken to improve cell tower safety. The agency is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands how to protect workers performing this high-hazard work.
OSHA sent a letter to communication tower employers urging compliance and strict adherence to safety standards and common-sense practices. OSHA has also created a new Web page targeting the issues surrounding communication tower work. This outreach follows a November 2013 memo to OSHA's compliance officers and regional administrators mandating increased attention, education and data collection on the industry. OSHA continues to investigate past incidents and will issue the results as they become available. Communication towers are on the agency's regulatory agenda and OSHA expects to issue a Request for Information later this year.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.
….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.