On July 5, 2011, OSHA stated that it has cited a Mississippi employer, Howard Industries Inc., for serious safety violations after a worker was electrocuted in January. Proposed penalties for the citations total $169,500.
The serious violations included
- not requiring employees to use work safety practices when dealing with live electrical circuits,
- failing to use locks and tags when de-energizing test equipment, and
- failing to develop specific lockout/tagout procedures.
(This office has pending an on-the-job electrical injury case that was caused by a separate subcontractor’s failure to follow proper lockout/tagout procedures.)
There were other violations. According to OSHA, a “serious violation” occurs when there is substantial probability that death or serious harm could result from a hazard about which the employer knew or should have known.
There were also repeat violations, including
- failing to provide machine guarding on the press brake and the welder, noncombustible welding screens for employees, and
- flexible cords instead of fixed wiring.
A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for all four of these same violations at its Laurel plant in June 2009.
Clyde Payne, OSHA’s area director in Jackson, said “It is the employer’s responsibility to ensure that workers are trained and provided the appropriate protective equipment so they can perform their duties safely.”
The procedure allows the company 15 business days to comply, request a conference or contest the findings.
On-the-job injuries are more common than necessary. Employers, and those that act in concert with employers such as general contractors, have an obligation to provide a safe work place. A breach of this duty may give a claim under the Employer Liability Law in addition to the workers compensation claim.
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