Archive for the ‘Fines’ Category

Details About OSHA’s Severe Violator Enforcement Program

Sunday, January 6th, 2013

OSHA announced a Severe Violator Enforcement Program today that will be in effect in 45 days and also said it is administratively raising the dollar value of its penalties, suggesting it would raise them higher still if it could.

“The current maximum penalty for a serious violation, one capable of causing death or serious physical harm, is only $7,000 and the maximum penalty for a willful violation is $70,000. The average penalty for a serious violation will increase from about $1,000 to an average $3,000 to $4,000,” OSHA’s news release stated. “Monetary penalties for violations of the OSHA Act have been increased only once in 40 years despite inflation. The Protecting America’s Workers Act would raise these penalties, for the first time since 1990, to $12,000 and $250,000, respectively. Future penalty increases would also be tied to inflation. In the meantime, OSHA will focus on outreach in preparation of implementing this new penalty policy.”
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Aerosol Transmissible Diseases Citations at Alta Bates Summit Medical Center

Friday, April 23rd, 2010

The handling of a patient with bacterial meningitis landed an Alta Bates Summit Medical Center employee and an Oakland police officer in intensive care and prompted California’s Division of Occupational Safety and Health (DOSH) to issue citations to three employers, including willful allegations against Alta Bates.

The citations, issued April 19, were the first issued under Cal/OSHA’s Aerosol Transmissible Diseases (ATD) standard, which took effect last summer. DOSH issued citations to Alta Bates, and the Oakland Police and Fire departments, and is investigating possible meningitis exposure to ambulance drivers employed by American Medical Response.

The ATD standard is designed to protect workers in healthcare and related industries from diseases that are spread by coughing and sneezing. The standard has three levels of requirements, depending on the workplace. Besides healthcare facilities, it covers law enforcement, correctional facilities, homeless shelters, laboratories and emergency responders. In announcing the citations, DOSH Chief Len Welsh called the situation a “textbook case” of why the ATD standard was developed and said it is a “wake-up call” for other medical facilities and first responders.

The case occurred on Dec. 3, 2009, when emergency responders were summoned to a patient’s Oakland home. “Employees of all three responders at [the] scene were exposed to bacterial meningitis,” the Department of Industrial Relations says. The patient was transported to Alta Bates, where a respiratory therapist who directly treated the patient developed the disease and required 11 days of hospitalization, including time in the Intensive Care Unit. An Oakland police officer also developed meningitis and spent five days in the ICU.

Alta Bates was cited for alleged willful violations for not reporting the original meningitis case to local health authorities in a timely manner and for failure to conduct an exposure analysis of employees exposed to the potentially deadly disease for a week after the exposure. Alta Bates also was cited for not implementing an ATD program, not providing post-exposure information to employees, not properly fit-testing employees for respirators and not providing medical treatment for the exposed employee. Proposed penalties are $101,485.

Oakland P.D. was cited for allegedly failing to develop and implement an ATD program, not properly notifying the Fire Department and American Medical Response of the officer’s exposure, not obtaining a medical evaluation of the exposed employee, failing to report the hospitalization to Cal/OSHA and not notifying the officer of his exposure to meningitis. Proposed penalties total $31,520.
The Fire Department was cited for not having an ATD program and lack of exposure notification.

Cal/OSHA reminds employers that all employers involved in the transportation and treatment of patients exposed to bacterial meningitis are required to provide respiratory protection, report the case to the local health authority and employees or other employers exposed, and initiate appropriate medical treatment.

CAL OSHA Reporter Flash Report

Cal OSHA Fines Bimbo Bakery Where Workers Lost Limbs

Thursday, April 8th, 2010

Bimbo Bakery logo
California occupational safety officials have issued one of their agency’s largest group of fines ever, $230,535 to Bimbo Bakeries for failing to fix safety violations that led to amputation of workers’ limbs.

Cal OSHA officials said that 20 alleged violations were documented at three factories belonging to the company, which produces brands that include Oroweat and Entenmann’s baked goods.

The food factories are in South San Francisco, Escondido and Montebello.

On Feb. 13, a separate investigation was opened at an Elk Grove California Bimbo factory where a worker lost the tip of a finger and some bone, according to Dean Fryer, spokesman for the California Occupational Safety and Health Administration.

The steps that Bimbo needs to take to ensure a safe work environment,” Cal-OSHA chief Len Welsh said in a statement Thursday. “We believe there are systemic problems which have resulted in numerous employees suffering amputations due to unguarded equipment.”

Fryer said this week’s citations are the largest issued against a one company for alleged “willful” continuing violations that could to lead to physical harm or death. Fryer said Cal-OSHA has documented six amputations of workers’ limbs or part of a limb at Bimbo plants.

One of the factories fined this week is in South San Francisco, where Bimbo employee Rosa Frias lost an arm in an industrial accident in 2003.

Bimbo was issued $21,750 in fines after an inspection found the company at fault. But after a nearly four-year appeals process, Cal-OSHA Appeals Board Judge Barbara Steinhardt-Carter reduced the fine to zero because she said there was no evidence that a Cal-OSHA inspector had presented credentials to enter the Bimbo bakery after Frias’ arm was severed. The inspector was retired by the time the appeals hearing was held and did not testify.

Cal-OSHA officials argued that the inspector had identified himself and that factory employees had allowed him into the plant. Inspectors have asked for the case to be reconsidered. “The documentation should have been ample enough” to uphold the fines, Fryer said.

The Cal-OSHA appeals process came under fire recently during legislative hearings at the state Capitol. Last summer, a third of Cal-OSHA’s inspectors signed a letter saying that appeals board policies had “sabotaged” their job of protecting California workers.

Numerous fines related to worker injury and death, including farmworkers’ deaths from heat exposure, had been dramatically reduced.

Bimbo has 15 days to appeal this week’s citations or accept and pay the penalties. Company spokesman David Margulies in Dallas had no comment on the alleged violations Cal-OSHA found.

The South San Francisco factory was issued a citation of $76,750 for alleged improper use of electrical cords and failure to prevent accidental movement of equipment during cleaning and maintenance. Frias’ arm was severed by equipment during maintenance.

The Escondido California factory was issued $123,535 in citations for having no injury prevention plan, no emergency eye wash or shower in a battery changing area and unguarded pulleys, sprockets and shafts on equipment. The Montebello factory was issued $30,250 in citations for having no emergency eye wash and unguarded equipment.