The
U.S. Department of Labor's Occupational Safety and Health
Administration fined Whitesell Corp. $3,071,500 and cited the
company with 72 safety and health violations for exposing workers to
amputation hazards and other problems at its manufacturing plants in
Tuscumbia and Muscle Shoals, Ala.
"Whitesell willfully
tampered with the safety mechanisms of its hydraulic forging presses at
its Tuscumbia plant to speed up production, resulting in the amputation
of a worker's hand," said Secretary of Labor Hilda L. Solis. "Companies
like Whitesell that value short-term gain over their workers' safety
will be held responsible for their reckless actions."
OSHA
began an inspection of the Tuscumbia plant in March after receiving a
report that a worker's hand had been amputated. Due to the seriousness
of the hazards noted during that initial visit, the inspection was
expanded to a comprehensive safety and health inspection of the
facility. Three weeks later the inspection was again expanded to
include the Muscle Shoals plant due to the probability that similar
hazards existed at that location.
"This employer knowingly
exposed these workers to serious injuries," said Assistant Secretary of
Labor for OSHA Dr. David Michaels. "The objective of OSHA's actions
today is to save the hands, and perhaps the lives, of other workers in
the future."
Regarding the Tuscumbia plant, OSHA is
proposing $986,500 in penalties for 13 willful and five serious safety
violations, as well as one willful, one serious and two
other-than-serious health violations. The willful safety violations
address management's failure to develop and utilize lockout/tagout
procedures of energy sources for employees engaged in maintenance
activities on hydraulic forging presses and bypassing a safety feature
intended to protect workers. The serious safety citations concern
hazards with machines lacking mechanical guards and electrical hazards.
Health citations include management's failure to provide engineering or
administrative controls for workers exposed to high noise hazards and
to provide audiograms for those employees.
OSHA is proposing
$2,085,000 in penalties regarding the Muscle Shoals plant for 28
willful and 16 serious safety violations, and one willful and five
serious health violations. The willful safety violations address this
plant's failure to develop and utilize lockout/tagout procedures for
the plant's mechanical forging presses and to lock out mechanical
forging presses when dies are changed or maintenance is performed. The
serious citations are related to obstructed exit routes, various
machine guarding hazards and electrical hazards. Health citations
include a willful violation for management's failure to provide
audiograms for employees exposed to noise hazards. The serious
violations address failure to implement controls for employees exposed
to the noise hazards, as well as electrical deficiencies and lack of
hazard communication.
OSHA issues a willful citation when it
finds a violation committed with plain indifference to or intentional
disregard for legal requirements or employee safety and health. A
serious citation is issued when death or serious physical harm is
likely to result from a hazard about which the employer knew or should
have known.
The Tuscumbia plant employs about 17 workers and
manufactures parts used in the automotive, lawn care and home appliance
industries. The Muscle Shoals plant employs about 103 workers and
manufactures fasteners. Whitesell employs about 1,000 workers
corporate-wide and has about 25 locations combined in Michigan, Iowa,
Alabama, Canada and Asia.
The company has 15 business days
from receipt of the citations and proposed 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. The sites were inspected by staff from OSHA's area office
located at 950 22nd St. N., Room 1050, Birmingham, AL 35203; telephone
205-731-1534. To report workplace accidents, fatalities or situations
posing imminent danger to workers, call OSHA's toll-free hotline at
800-321-6742.