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Showing posts sorted by relevance for query penalties. Sort by date Show all posts
Showing posts sorted by relevance for query penalties. Sort by date Show all posts

Friday, May 11, 2012

OSHA Proposes Fines for NJ Uniform & Laundry Company

The U.S. Department of Labor has cited Wilmington, Mass.-based UniFirst Corp., a uniform and laundry service, for seven serious safety and health violations, including some involving bloodborne pathogen and lead exposure hazards, at its West Caldwell facility. A complaint alleging hazards prompted OSHA's inspection. Proposed penalties total $186,000.

"The violations at this facility compromise the safety and health of UniFirst's workers," said Kris Hoffman, director of OSHA's Parsippany Area Office, which conducted the inspection. "It is vital that the company take appropriate steps to eliminate all identified hazards."

Three willful violations involve a failure to conduct proper training and provide hepatitis B vaccinations, as well as to have engineering and work practice controls in place to eliminate or minimize exposure to bloodborne pathogens. 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. The citations carry $165,000 in penalties.

Four serious violations involve a locked emergency door, a lack of training on fire extinguisher use, lead-contaminated surfaces, inadequate training on OSHA's lead standard and not providing gloves to workers exposed to potentially contaminated clothing. 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. The citations carry $21,000 in penalties.

"A first step toward a safer, healthier workplace is to develop and implement an illness and injury prevention program in which management and workers proactively identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional director in New York.

The citations can be viewed at http://www.osha.gov/ooc/citations/UnifirstCorporation_315956458_04_12.pdf*.

UniFirst Corp., which employs 35 workers at the West Caldwell facility, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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) or the agency's Parsippany office at 973-263-1003.

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

Thursday, April 26, 2012

OSHA Cites NJ Store For Safety Violations - Blocked Exits

The U.S. Department of Labor's Occupational Safety and Health Administration has cited retail clothing chain Forever 21 Inc. with two repeat and five serious safety violations at its store in the Bridgewater Mall. OSHA opened an inspection in November 2011 upon receiving a complaint alleging blocked exit routes and improper storage of merchandise. Proposed penalties total $69,000.

"These violations are indicative of the kinds of safety concerns often found at department stores that put workers at serious risk," said Patricia Jones, director of OSHA's Avenel Area Office. "This company is well aware of OSHA's safety standards and needs to take appropriate steps to prevent these violations from recurring."

The repeat violations, with $50,000 in penalties, are failing to provide adequate workspace around electrical equipment and maintain an exit route free of obstructions. The same violations were cited in January 2010 at a Loan Tree, Colo., store. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The serious violations, carrying $19,000 in penalties, include failing to ensure workers had full access to exits, keep storage areas free from tripping and fire hazards, ensure that a fire extinguisher was not blocked, provide employees with training on the use of fire extinguishers and properly store materials. 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.

"By establishing an injury and illness prevention program, this company can work with its employees to identify and eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.

Los Angeles-based Forever 21 Inc. employs 31 workers at the Bridgewater Mall store. The company has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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) or the agency's Avenel office at 732-750-3270.

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.

Tuesday, August 2, 2016

Wisconsin shipyard faces nearly $1.4M in OSHA penalties for exposing workers to lead, and other hazards

OSHA finds workers exposed to lead at levels up to 20 times the permissible exposure limit

SUPERIOR, Wis. - Federal health inspectors found Fraser Shipyards Inc. overexposed workers to lead during the retrofitting of a ship's engine room. The U.S. Department of Labor's Occupational Safety and Health Administration's sampling results determined 14 workers had lead levels up to 20 times the exposure limit. The agency also found workers exposed to other heavy metals.

Monday, February 22, 2021

Cannabis Legislation Enacted in NJ

Today the NJ Legislature approved, and Governor Phil Murphy signed sweeping legislation to legalize the sale of recreational marijuana. Today's action follows the legislative enactment of medical marijuana laws in NJ and case law approving medical marijuana for the treatment of work-related injuries.

Wednesday, June 13, 2012

OSHA Cites Correctional Facility for Exposing Employees to Workplace Violence


Mississippi correctional facility cited by US Department of Labor's OSHA for
workplace violence and other hazards; more than $104,000 in fines proposed

The U.S. Department of Labor's Occupational Safety and Health Administration has cited The GEO Group Inc. with six safety and health violations, including one willful, for exposing employees to workplace violence and failing to take adequate measures to reduce the risk of violence following a December 2011 inspection stemming from a complaint about the Meridian correctional facility. Proposed penalties total $104,100.

"This employer knowingly put workers at risk of injury or death by failing to implement well-recognized measures that would protect employees from physical assaults by inmates," said Clyde Payne, OSHA's area director in Jackson. "Prisons may be inherently dangerous workplaces, but the employer is still required to take every reasonable precaution to protect corrections officers and other staff against safety and health hazards, including assaults."

A willful safety violation has been cited, with a $70,000 penalty, for failing to knowingly provide adequate staffing, fix malfunctioning cell door locks or provide required training to protect employees from incidents of violent behavior by inmates, including stabbings, bites and other injuries. 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.

One repeat health violation, with a $16,500 penalty, also has been cited for failing to conduct medical evaluations for workers required to wear respirators. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any facility in federal enforcement states within the last five years. A similar violation was cited in November 2010 at GEO's Pompano Beach, Fla., facility.

Two serious health and one serious safety violation, carrying a total of $17,600 in penalties, include failure to conduct a fit test for employees required to wear respirators, have a written exposure control plan for employees exposed to bloodborne pathogens and complete a personal protective equipment hazard assessment. 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.

One other-than-serious safety violation has been cited for failing to provide a written energy control procedure for workers exposed to electrical shock hazards. No penalty was assessed. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The GEO Group Inc. is a correctional and detention organization with approximately 80,000 beds and 116 facilities located in the United States, the United Kingdom, Australia and South Africa. The company's East Mississippi correctional facility houses 1,318 low, medium and high security inmates, as well as inmates with mental illness.

Information on workplace violence is available at http://www.osha.gov/SLTC/workplaceviolence/index.html.

The citations can be viewed at
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306803_06_11_2012.pdf*,
http://www.osha.gov/ooc/citations/The_GEO_Group_Inc_315306357_06_11_2012.pdf*.

The company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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) or the agency's Jackson office at 601-965-4606.

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.

Wednesday, September 28, 2022

Historic $7.75M Settlement of NJ Child Labor Law Violations with Chipotle Mexican Grill

New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo and Attorney General Matt Platkin announced today that they have reached an agreement with Chipotle Mexican Grill to resolve alleged widespread and persistent violations of the state’s child labor laws. Under today’s groundbreaking settlement with NJDOL, the popular fast-food restaurant chain will pay $7.75 million, and has agreed to a far-reaching compliance plan for its 85 New Jersey locations aimed at putting an end to these practices.

Tuesday, December 10, 2013

Rehospitalization Rates Fell In First Year Of Medicare Penalties

Today's post was shared by Kaiser Health News and comes from capsules.kaiserhealthnews.org

During the first eight months of this year, fewer than 18 percent of Medicare patients ended up back in the hospital within a month of discharge, the lowest rate in years, the government reported Friday. This drop occurred during the first year that Medicare financially penalized hospitals for their readmission rates, and the government seized on the decrease as evidence the incentives are having an effect.

revolving door300
The government is targeting rehospitalizations as a significant indicator of gaps in medical quality in the nation’s hospitals. While some elderly patients inevitably return to the hospital, the government and some researchers believe many of those returns are avoidable if hospitals monitor patients after their release to ensure they get appropriate medications and follow-up visits with doctors.
In the first year of the program, which began in August 2012, Medicare fined 2,213 hospitals—about two-thirds of those it evaluated— for higher than anticipated readmission rates. Last August, Medicare issued a second year of penalties against 2,225 hospitals. The maximum penalties created by the health law have risen from 1 percent of regular Medicare payments to 2 percent, and they will increase for a third and final time next August to 3 percent.
The new data reported by Medicare show that readmission rates for the first eight months of 2013 dropped below 18 percent, half a percentage point below 2012’s rate of 18.5 percent. From 2007 to...
[Click here to see the rest of this post]

Wednesday, September 14, 2022

Uber Pays $100M Fine in NJ Driver Misclassification Case

Uber Technologies Inc. and a subsidiary have submitted a $100 million payment to the New Jersey Department of Labor and Workforce Development’s (NJDOL’s) Unemployment Trust Fund after an audit found the ride-share companies improperly classified hundreds of thousands of drivers as independent contractors, depriving them of crucial safety-net benefits such as unemployment, temporary disability, and family leave insurance, and failed to make required contributions toward unemployment, temporary disability, and workforce development.

Saturday, August 18, 2012

OSHA proposes $82,500 in fines to chemical manufacturer for workplace hazards at Newark, NJ, facility


The U.S. Department of Labor's Occupational Safety and Health Administration has cited Cardolite Corp. with one willful and 13 serious health and safety violations for exposing workers to chemical and other hazards at the company's Newark facility. OSHA initiated its March investigation in response to a complaint and also as part of the agency's national emphasis program on process safety management for covered chemical facilities. Proposed penalties total $82,500.

"Process safety management prevents or mitigates a catastrophic release of toxic, reactive or flammable liquids and gases in chemical processes," said Kris Hoffman, director of OSHA's Parsippany Area Office. "By not complying with PSM requirements, Cardolite jeopardized the safety of its chemical operators and others working at the site by exposing them to dangerous fire hazards. This negligent behavior will not be tolerated."

The willful violation is failing to monitor employees' formaldehyde exposure at six-month intervals. 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. The citation carries a $44,000 penalty.

The serious violations include failing to ensure that workers are not overexposed to formaldehyde, implement effective engineering controls and work practices to reduce formaldehyde exposure, provide medical surveillance to workers overexposed to formaldehyde, ensure that process safety information is accurate and in place, provide a hazard analysis of the facility in the event of a chemical release and its impact, provide refresher training to chemical operators on the epichlorohydrin process, inspect and test epichlorohydrin piping within the process building, and identify deficiencies in process safety management compliance audits. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The citations carry $38,500 in penalties.

Cardolite Corp., which employs about 70 workers at its Newark location, develops and manufactures products based on cashew nutshell liquid for the coating, friction material and adhesive markets. The company has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

The investigation was conducted by OSHA's Parsippany office; telephone 973-263-1003. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency'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.

Read more about Formaldehyde
Aug 16, 2012
"Johnson & Johnson, which makes a range of personal care products like baby shampoo, acne cream and antiwrinkle lotion, announced plans Wednesday to remove a host of potentially harmful chemicals, like formaldehyde, ...
Oct 03, 2011
After a long period of deliberation the mostly unregulated cosmetic industry's own trade association, through its reviewing agency, the Cosmetic Ingredient Review Expert Panel (CIR) has declared formaldehyde and ...
Apr 19, 2011
"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a ...
Sep 08, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for 16 health violations involving ...

Thursday, August 8, 2019

OSHA Cites NJ Produce Company for $236,089 in Penalties

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Paris Produce Inc. for failing to correct workplace hazards identified during an August 2017 investigation at the wholesale supplier’s facility in Pleasantville, New Jersey. The company faces $236,089 in penalties.

Tuesday, February 7, 2012

OSHA cites Clara Construction in Jersey City, NJ, for exposing workers to fall hazards

The seal of the United States Department of LaborImage via Wikipedia



The U.S. Department of Labor's Occupational Safety and Health Administration has cited Clara Construction LLC for one repeat and 10 serious safety violations at a Jersey City work site. These carry total proposed penalties of $46,200. OSHA initiated an inspection as part of a local emphasis program for fall hazards.

"Falls remain one of the leading causes of fatalities on construction sites," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing workers with basic fall protection to prevent potential injuries."

The repeat violation, with a $9,240 penalty, is failing to protect workers from fall hazards. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for the same violation in 2010.

The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails were at sufficient heights and makeshift devices were not created to increase platform height, inspect scaffolds, provide proper scaffold training, provide guardrails near wall holes and provide protection around surface holes. 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.

For detailed information on fall protection standards, visit OSHA's website at http://www.osha.gov/SLTC/fallprotection/index.html.

Clara Construction LLC, which employs 14 workers, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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) or the agency's Parsippany office at 973-263-1003.

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.


Friday, January 23, 2015

1,700 Hospitals Win Quality Bonuses From Medicare, But Most Will Never Collect

Today's post was shared by Kaiser Health News and comes from kaiserhealthnews.org

Medicare is giving bonuses to a majority of hospitals that it graded on quality, but many of those rewards will be wiped out by penalties the government has issued for other shortcomings, federal data show.

As required by the 2010 health law, the government is taking performance into account when paying hospitals, one of the biggest changes in Medicare’s 50-year-history. This year 1,700 hospitals – 55 percent of those graded – earned higher payments for providing comparatively good care in the federal government’s most comprehensive review of quality. The government measured criteria such as patient satisfaction, lower death rates and how much patients cost Medicare. This incentive program, known as value-based purchasing, led to penalties for 1,360 hospitals.

However, fewer than 800 of the 1,700 hospitals that earned bonuses from this one program will actually receive extra money, according to a Kaiser Health News analysis. That’s because the others are being penalized through two other Medicare quality programs: one punishes hospitals for having too many patients readmitted for follow-up care and the other lowers payments to hospitals where too many patients developed infections during their stays or got hurt in other ways.

When all these incentive programs are combined, the average bonus for large hospitals — those with more than 400 beds — will be nearly $213,000, while the average penalty will be about $1.2 million, according to...

[Click here to see the rest of this post]

Thursday, August 30, 2012

OSHA cites Brick, NJ-based contractor for continuing to expose workers to falls and other hazards at Secaucus work site

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Brick-based La Conti Concrete & Masonry Inc. for nine safety and health, including two repeat, violations at a Secaucus work site. OSHA's March investigation was initiated in response to an imminent danger complaint alleging employees were working on the fifth level of a supported scaffold without fall protection. Proposed penalties total $74,830.

The repeat safety violations, with a $53,900 penalty, involve failing to provide safe access to a scaffold and ensure workers were not exposed to a 35-foot fall while working on an unguarded scaffold. A repeat violation occurs when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for similar violations in 2006, 2007 and 2011.

Six serious safety and health violations, with a $20,930 penalty, include failing to properly store propane tanks; ensure a competent person inspected a scaffold before employees worked on it; establish and implement a written respiratory protection program for workers required to wear respirators, including medical evaluations and respiratory protection training; develop and implement an effective written hazard communication program for workers exposed to hazardous chemicals, including crystalline silica; provide chemical hazard training to employees working with hazardous chemicals; and maintain material safety data sheets. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from dangerous tasks without proper safety measures.

"This employer continues to jeopardize the safety and health of its workers by failing to correct these hazards, which is unacceptable," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing a safe and healthful workplace, and will be held legally accountable when they fail to do so."

The company also has received one other-than-serious violation, with no penalty, for failure to provide respirator fit testing and evaluate employees for safe use of powered industrial truck. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

La Conti Concrete & Masonry Inc. employed 34 workers at the Secaucus work site and has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with life-saving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.

Read more about scaffolding
Jun 11, 2012
The willful violations carry a $92,400 penalty and are due to a lack of fall protection for employees working on a scaffold that was not fully planked. A willful violation is one committed with intentional knowing or voluntary ...
Feb 19, 2011
OSHA found employees exposed to fall hazards ranging from 27 to 41 feet while working without fall protection on a scaffold that was not fully guarded, climbing atop the scaffold's guardrails and standing on an empty plastic ...
Feb 07, 2012
The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails...
May 23, 2012
"Whether working on a roof, a scaffold or in an aerial lift, all workers must have and correctly use the proper equipment to prevent falls," Kulick adds. In April, Secretary of Labor Hilda L. Solis announced a new campaign to ...
.....
For over 3 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.

Wednesday, May 12, 2021

OSHA cites 6 contractors for exposing workers to falls

Six contractors constructing luxury single-family homes at the future site of Hawthorne Estates in Medford put workers at risk of serious or fatal injuries by failing to comply with federal requirements to prevent falls, the leading cause of death in the construction industry.

After multiple on-site investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration cited the companies for exposing workers to falls and other dangerous safety hazards while erecting walls and sheathing roofs.


OSHA initiated three of the inspections as part of its Regional Emphasis Program on Falls in Construction. During the first on Oct. 20, 2020, the compliance officer observed workers exposed to falls and other hazards. Inspectors observed the same hazards during a second inspection two days later, prompting the third inspection on Oct. 31.


After the three inspections, OSHA proposed total penalties of $244,397 and cited the companies collectively for four willful and 35 serious violations, including exposing workers to falls greater than 6 feet and not providing personal protective equipment. The companies, citations and proposed penalties are:


Company Name

City

State

Citations

Proposed Penalty

Claudio DeSousa, operating as Lifetime Contractor Corp.

Philadelphia

PA

2 willful

14 serious

$107,279

Lezinho Sousa, operating as Lifetime Contractor Corp.

Pennsauken

NJ

2 willful

9 serious

$87,381

WSJ Construction

Asbury Park

NJ

3 serious

$16,383

Gustavo Quintomillno, operating as Lifetime Contractor Corp.

Beverly

NJ

4 serious

$12,874

LWJ Construction LLC

Long Branch

NJ

3 serious

$12,288

RMM Contractor LLC

Long Branch

NJ

2 serious

$8,192

"A fall can permanently alter or end a worker’s life in a matter of seconds," said OSHA Area Director Paula Dixon-Roderick in Marlton, New Jersey. "Contractors and subcontractors in the construction industry have a legal obligation to comply with the law and ensure their workers end their shifts safely. When employers fail to follow requirements, OSHA will hold them responsible to the fullest extent of the law.”


OSHA encourages employers to use its Stop Falls online resources, including detailed information on fall protection standards in English and Spanish. The site offers fact sheets, posters and videos that illustrate various fall hazards and appropriate preventive measures.


The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and 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 help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. 

Friday, July 25, 2014

United Airlines cited at Newark, N.J., airport for repeat and serious safety hazards


Company faces $101,300 penalty following OSHA inspection
United Airlines Inc. has exposed ground operation workers at the Newark airport to hazardous conditions, prompting the U.S. Department of Labor"s Occupational Safety and Health Administration to issue 16 citations and propose penalties of $101,300.
The safety violations were found during a January 2014 inspection that is part of an OSHA effort to focus on workplaces with high rates of injuries and illness. The inspection found three repeat violations that had been discovered by OSHA during inspections in 2011 and 2013.
"United Airlines should immediately address these safety violations to prevent worker injuries and ensure a safe workplace," said Kris Hoffman, director of OSHA"s Parsippany Area Office. "These workers face electrical hazards, falls, and being struck-by objects and equipment daily. Their safety is critical. Airline ground operations safety is of vital importance, not only to the workers, but to the millions of Americans who depend on air travel every day."
Carrying a $55,000 penalty, the repeat violations were cited for United Continental Holdings Inc."s failing to clearly mark exits located inside facilities where food service employees, baggage handlers and gate agents worked; keep unused openings closed on an electrical box where conduit or knockout plugs were located; and use extension cords as a substitute for required permanent wiring at Newark Liberty International Airport. A repeat violation exists when an employer previously has been cited for the same or a similar violation at any other facility in federal enforcement states within the last five years.
The company was cited for nine serious violations, with a $46,300 penalty, including exposing aircraft mechanics to fall hazards while working from a ground support vehicle and struck-by hazards by storing materials, such as aircraft parts including landing gear tires and aircraft struts and fasteners, on storage racks, which were damaged and not anchored. United Airlines also failed to:
  • Properly guard equipment, store materials and dispose of waste materials.
  • Ensure exits were unobstructed and wide enough and place directional signs in areas where exits were not apparent.
  • Ensure employees operating tugs to transport luggage used seat belts.
  • Use power strips according to manufacturer"s recommendations.
  • Use ladders for purposes intended by the manufacturer, and remove damaged ladders from service.
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.
Three other safety violations involved failing to maintain clean and orderly work areas, and not providing fire extinguisher training for ground operation workers and welders. Additionally, powered industrial trucks in need of repair were not taken out of service, and placards on the trucks were illegible.
For more information on safety and health in the airline industry, visit https://www.osha.gov/SLTC/airline_industry/index.html
United Airlines has 15 business days from receipt of its citations and penalties to comply, ask for an informal conference with OSHA"s area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
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) or the agency"s Parsippany Area Office at 973-263-1003.
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.
….

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.