OSHA fines small business over $50,000 for safety violations

Perry’s Ice Cream Co. Inc. was cited for eight alleged serious violations of workplace safety standards following an inspection at its Akron, N.Y., manufacturing plant. The ice cream manufacturer faces a total of $51,000 in proposed penalties.

Most business owners are unaware that OSHA mandates a detailed set of requirements and procedures employers must follow to proactively address hazards associated with processes and equipment.  The violations for this company  involve uncorrected deficiencies in ammonia processing equipment, not developing and implementing safe work practices for all mechanical and maintenance tasks, incomplete written standard operating procedures and failure to provide process safety management training to employees at least every three years.

According to the OSHA’s area director for western New York, Arthur Dube,

“The purpose of process safety management is to prevent catastrophic incidents such as fires, explosions and uncontrolled releases of highly hazardous chemicals, including ammonia,”  “Employers must ensure that their process safety management programs and training are up-to-date and ready for any contingency.”

Most companies who believe they are presently in compliance are unaware of changes in OSHA requirements for 2012, and in fact will be out of compliance as of January 1, 2012.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. Inspectors also found deficiencies in the Perry’s Ice Cream company plant’s hazardous energy control program, which involves powering down and locking out machines’ power sources to prevent their unintended start up during maintenance. Specifically, lockout procedures were not developed for tasks that resulted in recordable worker injuries, all lockout procedures were not inspected periodically and employees were not trained on lockout procedures. Additionally, unapproved electrical wiring and equipment was used in a Class I, Division 2 hazardous location.

“One means of preventing hazards such as these is for an employer to develop and implement an illness and injury prevention program in which management and workers proactively identify and eliminate hazardous conditions on a continual basis,”

said Robert Kulick, OSHA’s regional director in New York.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov

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