Tile manufacturer faces $1.2M in fines
- An Ohio vinyl tile manufacturer faces $1.2 million in proposed penalties after OSHA responded when a worker suffered severe injuries as a result of being caught in a machine on April 28, 2022.
- The incident marks the seventh injury at the NOX US LLC plant in Fostoria since February 2017 related to the company’s failure to follow required machine safety procedures.
- Since 2017, the company also recorded at least 13 serious injuries at the plant caused by exposure to burn and amputation hazards. OSHA placed the Fostoria plant in its Severe Violator Enforcement Program in 2017.
- The April inspection found that the injured worker’s finger was first caught in a rotating spindle on a plastic winding machine and then their body was pulled around the machine’s spindle.
Way to contest an OSHA penalty
- A recognized expert in OSHA compliance matters recently advised companies about what to do when fined by the agency.
- One way is to request an Informal Conference with the OSHA Area Office who issued the citations and penalties, and enter into negotiations with OSHA to have some or all of them reclassified or deleted, and/or the penalties reduced or dropped.
- Employers can also file a formal Letter of Contest with OSHA, then have a hearing in front of an Administrative Law Judge, or ALJ, who will decide the validity of contested citations and penalties, as well as abatement dates);
- Appeal the decision of an ALJ to the Occupational Safety and Health Review Commission, who can uphold, modify, or delete contested citations and penalties; and last but not least.
Poultry firm penalized for not paying fine
- A federal court has found Birdsboro Kosher Farms Corp. in contempt for failing to pay $162,359 in penalties after OSHA found numerous safety hazards, including willful, serious and repeat violations.
- The inspections led OSHA to issue citations for violations related to federal lockout/tagout, hearing conservation and personal protective equipment standards.
- The company contested the citations with the OSHA Review Commission. Following a full hearing on the citations’ merits, an administrative law judge affirmed the initial citations in a decision that became the commission’s final order.
- Birdsboro Kosher Farms petitioned the U.S. Court of Appeals for review, and the Secretary of Labor filed a cross-application for enforcement.
Knee injuries on the rise in the workplace
- A study published in the International Archives of Occupational and Environmental Health found that men who worked for 11–30 years in building and construction had a 3.7-fold greater risk of developing knee osteoarthritis.
- Additionally, a 2021 study from Arthritis Care and Research cites nine specific job titles associated with knee osteoarthritis, including farmers, builders, metal workers, and floor layers.
- OA occurs when the protective cartilage that cushions the ends of the bones wears down over time and the condition comes with an annual price tag of more than $27 billion in health care costs in the United States, according to the Arthritis Foundation.
- The foundation also reports that 20 million Americans have lost about $71 million in wages from lost work directly related to osteoarthritis.