I was in a risk assessment seminar today, dealing with company risks, and OSHA came up as a topic.

Listen to this.

A bottling companies supervisor was fined $70,000 by OSHA for allowing a worker NOT to lock out a machine during a 30 second adjustment. The worker became entangled in the machine when it started up, and subsequently died from his injuries. The company had an effective LOTO procedure in place and effective training for all it's supervisors and employees on this matter, and this was documented. The company received no fines. The supervisor was held liable.


We didn't get into how, or why's on this incident, but I thought I'd share it with you. Even if we have effective policies in place, someone can still die, when they are not followed.

And OSHA will get you, if you don't follow them, not just the companies.

Can you document that? As far as I know OSHA can only fine a company, not an person.
Don

That was my understanding of it as well.

I agree with resqcapt. I was a machinist for many years before entering this trade. I was on the saftey commitee and I never heard of osha fineing a company supervisor . Only the company was fined. Perhaps the laws have changed . Was this a first hand or second hand story. If the company has Lockout tagout as all (or should I say most) do regaurdless of what happened the company is at fault and that supervisor should be terminated for allowing the procedure to take place in the first place. Then again maybe the laws have changed. Keepus informed to this story please. Id like to hear the final out come.
Steve

It is actually true, so my book in front of me says.
Here is a couple more:

$35,000. What a supervisor had to pay for telling a worker that she was okay and didn't need to see a nurse. As it turns out, the worker was having a massive heart attack. The worker nearly dies and is now totally disabled.

$30,000. What a supervisor paid, for refusing to let a worker spraying caustic cleaner in a stainless steel tank in a meatpacking plant, to get into a proper rain suit. Worker had split his pants and asked for a new pair. Supervisor refused, telling worker that he'd already gone through more PPE than any other worker.


From ESIS, INC. One of the ACE group of insurance and reinsurance companies.....(people providing the risk assessment seminar.)

[This message has been edited by Dnkldorf (edited 09-27-2006).]

Tom Peters (In Search of Excellence author) documented one thing in great detail:

It is simply amazing how safety records improve when management is held to account for accidents under their watch. When the safety record has an impact on promotions and bonuses, accidents decline.

This was prooven, even when precautions were taken to prevent 'cooking the books.' Production, surprisingly, was either unaffected, or actually improved.

Dnkldorf,
Were those OSHA fines or payments after a civil suit? It is OSHA'S position that the employee is never at fault. If the employee does something wrong, it is only because the company has not provided enough training. Section 17 of the OSH Act only provides for fines to the employeer.
Don

[This message has been edited by resqcapt19 (edited 09-27-2006).]

Don, I don't think they were civil penalties.

The section under discussion and the heading on the chapter is:

"Here are just a few of the OSHA fines that safety supervisors paid"

The gentleman who provided the info, informed us that OSHA fined these people directly.

I have his name and email. I will contact him for more info. I'll post when I have an answer.

Dnkldorf,
OSHA does not have the legal authority to do that at this time. There was a bill introduced in Congress last fall to permit direct fines but it has not been passed yet.
Don

Personally I find it rather strange, that an employee (Supervisor or not) could be fined for something that could in fact be company policy (not written anywhere in the company rules and regulations).

This in itself would open a huge can of worms as far as liability of employees goes.
I have seen a lot of cases where maintenance personnel are required to take the odd short-cut to get the process line operational again.

I had a situation at my own workplace the other night, a machine blew a CB at the main Switch-board.
My own supervisor screaming at me to get the machine working again in as shorter time as possible.
I locked the breaker out and meggered the cable to the machine, OK.
Had a good look inside the machine, found a cable that had not been tied back from the revolving parts of the machine.
I was then asked to remove the lock off of the CB to enable the other two machines to operate.
I said it will come off when I'm finished.
Well,
I wish I'd kept my mouth shut, the ensuing whinging, screaming and general bad language, was like a blast of hot air.
I said to "go away" you are holding me up.
Replaced the cable and unlocked the breaker, all systems go.
Now, what did we lose, apart from about 15 minutes of production time with them machines?.
The idea that something has to be repaired and going yesterday doesn't wear that well with me.
I'm rather placid by nature, my key word is "Whatever".
I don't panic.
Doing that will kill you by a heart attack.

Good lord have I gone really off the topic.

Now, lets get one thing straight here, my supervisor is a woman, with no technical ability whatsoever.
While I am no sexist, it would be very handy if these people had an idea of what they are talking about before they get stuck into us Maintenance staff!.

{Message edited to add last bit}


[This message has been edited by Trumpy (edited 10-02-2006).]

I got an answer.

"David,

My staff tells me they get the reference from the following:

"Supervisors & Liability for Workplace Incidents:
The Pitfalls & How to Avoid Them"
presented by Gary Higbee

Make no mistake: OSHA and trial lawyers have put a bulls-eye squarely on the backs of safety supervisors and managers.
Veteran safety consultant Gary Higbee, one of America?s best known and most respected safety and health consultants, will apply his insight, perspective, knowledge and experience to explain what's going on and how to protect supervisors.

The numbers were not verified ? and upon consideration, more likely a liability lawsuit one the extreme violations were cited by OSHA, company fined and individual personally held accountable in a law suit.



Regards,

John S. Ingram

Vice President

ESIS, Inc. Global Risk Control Services

So Don, it might be a fine levied against the safety supervisors, in a civil lawsuit against them?

That would not be a fine...just a civil pentaly, and unless the misconduct of the supervisors was "wanton and willfull", the employeer would still have to pay.
Don

I've worked in several plants down here in Tx, and while the company might have some sort of program / training in place to fulfill the fed/osha statutes, when push comes to shove, the supervisors on the floor, don't care, they will alwayz try to get the machines up and running legally or not.

Federal OSHA may not be able to fine an individual, but the state entity can.

In fact, in Penn. POSHA has indeed fined the individual worker. I have spoken to a man who was indeed fined $500. His supervisor was fined $1000, and the company $14,000.

in California, you not only can be fined, you also can go to jail.

OSHA does not fine people/employees directly! OSHA fines employers/companies!
Someone has some misinformation!
OSHA however can and has referred cases to the Justice Department for criminal prosecutions in particularly egregious cases. People, usually company owners have done prison time.