OSHA settles with manufacturer, reduces penalty, after digital amputation

March 17th, 2017 by Dakota Software Staff Industry News

A manufacturer in Ripon, Wisconsin, recently reached a settlement with the Occupational Safety and Health Administration related to an amputation injury that occurred at the business in the summer of 2016. The company, a maker and international distributor of various washing machines and related products, negotiated with OSHA and saw a significant reduction in the proposed penalty. It also benefited from a reclassification of the type of violation found during the initial inspection. That visit occurred in late 2016, according to area newspaper the Oshkosh Northwester. The incident serves as a reminder of the potential benefits of taking an informal conference with the regional OSHA office instead of simply paying the fine.

The specifics of the incident
A worker at the manufacturer's facility was using a hydraulic press on July 20 as part of his regular duties. The press was used to square components of washing machines and dryers, industry news source American Coin-Op said. The employee had the tip of his middle finger on his right hand severed when using the press, in part due to a lack of machine guarding required under OSHA's health and safety regulations.

The amputation triggered a site visit, which led to OSHA issuing a single willful violation and a penalty of $124,709 - an example of how OSHA's increased fine schedule has made infractions a more serious issue for many businesses. The choice of a willful violation was tied in part to past incidents where similar injuries to workers occurred. The Northwestern highlighted another digital amputation caused by a grommet-cutting machine in June 2016 as well as a crushing and amputation injury that happened in August 2015. With a past history of similar injuries, the citation and financial penalty issued by OSHA may have been influenced by those circumstances.

Following a meeting between the federal regulator and the manufacturer, the penalty was reduced to $63,354.50, and willful violation was reclassified to a repeat violation, American Coin-Op said.

"OSHA's primary goal is correcting hazards and maintaining compliance rather than issuing citations or collecting penalties," said Scott Allen, regional director of public affairs for the Department of Labor, to the publication.

For its part, the business agreed to hiring two additional health and safety staff members, making changes to training efforts, developing a program for mapping machine guarding and making the lockout/tagout process easier, among other considerations.