New rules will have big effect on firms
- OSHA increased both its minimum and maximum fines this year as part of its yearly adjustments for inflation.
- The agency increased fines for repeat and willful offenses to a maximum of $156,259, a 7.7% increase over 2022, and minimum repeat fines are now $11,162, up from $10,360.
- Smaller companies could have fewer resources to utilize across the board, so they could feel added pressure from the fine increase.
- These firms often have fewer staff and are more challenged to meet compliance demands and keep up with paperwork and protocols.
Mars Wrigley penalized after workers fell in chocolate tank
- OSHA fined Mars Wrigley Confectionary is facing nearly $15,000 in fines after two contractors fell into a chocolate tank at their Lancaster County, Pennsylvania, facility last year.
- The workers had to be rescued after they fell into a partially filled chocolate tank.
- Responders were called to cut a hole in the tank to rescue the two workers who were taken to the hospital by helicopter.
- OSHA’s citation states that Mars Wrigley did not make sure that the employees had the proper knowledge of how to clean the chocolate tank located in the facility.
Dealing with OSHA fines
- OSHA has a policy of reducing penalties for small employers and those acting in good faith.
- The agency may also reduce the proposed penalty for serious fines based on the gravity of the alleged violation.
- No good faith adjustment will be made for alleged willful violations.
- When OSHA issues a citation to an employer, it also offers the employer an opportunity for an informal conference with the area director to discuss this issue.
Company in trouble after worker loses leg
- A 27-year-old worker suffered a partial amputation of his right leg when a paddle conveyor was left running when he and two other employees entered a soybean bin for cleaning.
- Topflight Grain Cooperative in Illinois, violated OSHA’s grain-handling safety regulations that require powered devices to be de-energized before workers enter bins.
- OSHA found that the three employees were working over three unguarded holes in the bin which were above the conveyer when the incident occurred.
- The agency has proposed penalties of $629,946.