The U.S. Department of Labor
has fined Haasbach LLC in Mount Carroll and Hillsdale Elevator Co. in
Geneseo and Annawan, Ill., following the deaths of three workers,
including two teenagers. The workers were killed when they suffocated
after being engulfed by grain.
"The tragic deaths of three people could have been prevented had
the grain bin owners and operators followed the occupational safety
standards and child labor laws," said Secretary of Labor Hilda L. Solis.
"It is unconscionable to allow a minor to work in any high-hazard
area. Haasbach's and Hillsdale's disregard for the law and commonsense
safety practices has led to devastation for three families."
At least 25 U.S. workers were killed in grain entrapments last
year, and the numbers of entrapments are increasing, according to
researchers at Purdue University. There were more grain entrapments in
2010 than in any year since they started collecting data on entrapments
in 1978.
The fines to both companies total $1,352,125. Haasbach was issued
24 citations from the department's Occupational Safety and Health
Administration with a penalty of $555,000 following an investigation
into the deaths of the two young workers, Wyatt Whitebread and Alex
Pacas (ages 14 and 19 years old, respectively), at the company's grain
elevator in Mount Carroll. A 20-year-old man also was seriously injured
in the July 2010 incident when all three became entrapped in corn more
than 30 feet deep. At the time of the incident, the workers were
"walking down the corn" to make it flow while machinery used for
evacuating the grain was running.
The department's Wage and Hour Division's separate investigation
found that Haasbach violated the Fair Labor Standards Act's Child Labor
standards for employing anyone less than 18 years of age to perform
hazardous jobs prohibited by the act. As a result, the division issued
Haasbach $68,125 in civil money penalties. More information on child
labor rules and hazardous occupations can be found at http://www.dol.gov/elaws.
Hillsdale Elevator was issued 22 citations by OSHA following the
death of a 49-year-old worker, Raymond Nowland, who was engulfed by corn
in a storage bin at the company's facility in Geneseo. OSHA discovered
additional violations during a later inspection of the company's
Annawan facility. Consequently, OSHA issued the company $729,000 in
fines.
Since 2009, OSHA has fined grain operators in Illinois, Colorado,
South Dakota and Wisconsin following similar preventable fatalities and
injuries. In addition to enforcement actions, OSHA sent a notification
letter to grain elevator operators warning them not to allow workers
to enter grain storage facilities without proper equipment, precautions
and training. "OSHA will not tolerate non-compliance with the Grain
Handling Facilities standard," said Michaels in the letter. "We will
continue to use our enforcement authority to the fullest extent
possible."
OSHA's Region V, which includes Illinois, Ohio and Wisconsin,
initiated a Grain Safety Local Emphasis Program in August 2010, and has
since conducted 61 inspections and issued 163 violations to grain
operators/facilities. The violations cover hazards associated with
grain engulfment, machine guarding, lockout/tagout of dangerous
equipment to prevent accidental energization start-up, electricity,
falls, employee training and combustible dust hazards.
These investigations also fall under the requirements of OSHA's
Severe Violators Enforcement Program. Initiated in the spring of 2010,
SVEP is intended to focus on recalcitrant employers that endanger
workers by committing willful, repeat or failure-to-abate violations in
one or more of the following circumstances: a fatality or catastrophe,
industry operations or processes that expose workers to severe
occupational hazards, employee exposure to hazards related to the
potential releases of highly hazardous chemicals and all per-instance
citation (egregious) enforcement actions. For more information on SVEP,
visit http://www.osha.gov/dep/svep-directive.pdf.
For a copy of the warning letter OSHA sent to grain elevator operators, visit http://www.osha.gov/asst-sec/Grain_letter.html.
The Haasbach and Hillsdale citations are available at http://www.osha.gov/ooc/citations/haasbach-hillsdale-citations.html.
The companies have 15 business days from receipt of their OSHA
citations and penalties to comply, request informal conferences with
OSHA's area director or contest the findings before the independent
Occupational Safety and Health Review Commission. Employers and
employees with questions regarding workplace safety and health
standards can call OSHA's North Aurora Office at 630-896-8700. To
report workplace incidents, fatalities or situations posing imminent
danger to workers, call OSHA's toll-free hotline at 800-321-OSHA
(6742).