After allegedly violating multiple workplace safety standards, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) fined a Texas Rubber Company $530,392 in fines, which is the maximum penalty allowed by law. The announcement was made on May 24, 2019.
About the Cited Violations
OSHA has cited Houston-based Custom Rubber Products LLC more than half a million dollars in penalties due to multiple workplace safety violations. The four violations are considered egregious and willful violations for failing to provide proper machine guarding and caught-in hazards, which expose employees to potentially sustaining a severe injury or being exposed to amputation hazards. The company is on OSHA’s Severe Violator Enforcement Program.
OSHA previously cited the company for similar violations in 2014 after an employee suffered severe injuries. The Texas rubber company has 15 business days from receiving notice of the citations and penalties to legally comply, request an informal conference or contest the findings.
Common OSHA Violations
The 10 most-cited OSHA violations in 2018 were:
- Fall protection – These violations include failing to provide employees with guardrail systems, safety net systems or personal fall arrest systems. Additionally, these violations include failing to cover up holes or otherwise protect workers from them.
- Hazard communication – This set of violations includes failing to have a written hazard communication plan, provide training on hazardous chemicals, or maintain chemical safety data sheets for chemicals in the workplace.
- Scaffolding rules – These violations include failing to provide scaffolds to prevent falls to lower levels, failing to provide ladders or scaffolds when working at certain heights, failing to properly plank scaffolding, failing to provide a personal fall arrest system to employees as required by OSHA standards and not properly positioning scaffolding and necessary poles to provide fall protection systems.
- Respiratory protection – The most common violation under this category arises when an employer fails to have an employee undergo a medical exam before equipping him or her with a respirator. Another common violation within this classification is failing to have a written respiratory protection plan that provides company-specific procedures. Other common violations include not providing employees with tight-fitting respirators, not using a certified respirator or not using a respirator at all when it is required to do so.
- Lockout/tagout – Employers are often cited under this category when they fail to develop and implement lockout/tagout procedures. This group of violations may also be cited if an employer fails to implement energy control policies and training to protect employees and to make a machine inoperative if it had stored energy in it.
- Ladders – OSHA guidelines require employers to use ladders only for the purposes for which they are designed. There are also requirements that portable ladders be used at certain heights. Defective ladders must be discarded. Ladders should be used only on a stable and level surface. Employers who violate these rules can face citations in this category.
- Powered industrial trucks – The employer is responsible for ensuring that powered industrial truck operators are competent to perform their duties and conduct an evaluation on each operator at least once every three years. Additionally, it is responsible for providing necessary repairs to these vehicles and examine the vehicles before placing them in service. Failing to adhere to any of these rules can result in the employer being cited under this section.
- Fall protection training requirements – Another fall protection area that is often cited is the failure of the employer to provide a training program to employees to educate them about fall hazards or not certifying that employees have completed such a program.
- Machine guarding – Machine guarding standards require employers to protect machine operators and other employees from hazards of operating the machine. The point where employees may be exposed to the machine must be guarded. Failing to guard the machine can result in a cited violation.
- Personal protective and lifesaving equipment – eye and face – Employers must provide personal protective equipment that protects the employee’s eye, face and head. They must also require employees to use this equipment when necessary to prevent injury. Failing to comply with these rules can result in the employer being cited for a violation in this category.
Employer Liability for Work Accidents
While the workers’ compensation employment system generally insulates employers from liability, when egregious safety violations occur, the employee or the family of a deceased employee may be able to sue outside this system. In other situations, if a defective product is involved, the victim or surviving family may be able to file a third-party claim against the manufacturer. Affected workers may wish to consult with a skilled personal injury lawyer to learn about their rights and possible avenues for legal recovery.
