OSHA issues fine in excess of $125K for employee death

June 18th, 2018 by Dakota Software Staff

A biomass energy company facility in southwestern New Hampshire was recently fined in excess of $125,000 due to an employee death caused by work equipment. Industry publication Powder & Bulk Solids reported the fine was issued in early June and was the result of a months-long process led by the Occupational Health and Safety Administration to investigate the incident. The size of the fine is the latest in a string of examples that indicate how OSHA's increased financial schedule for penalties has raised the stakes for businesses that are found to be responsible for a variety of workplace health and safety violations.

Details of the incident and investigation

"The company faced a total fine of $125,460."

Powder & Bulk Solids said the incident occurred in November 2017, when an employee of the New Jersey-based business was fatally injured by conveying equipment. The New Hampshire Union Leader said the worker was pulled into the conveying machinery and ultimately died as a result of the injuries incurred in the process. The serious nature of the incident led to an investigation from OSHA, which found a variety of substantial violations of established health and safety rules. Citations included violations related to fall hazards and electric shock and arc flash danger as well as a failure to properly implement effective programs for energy control, emergency evacuation and fire prevention.

The company was afforded the standard 15-day period to respond to the fine's issuance, with three options in play. The business could pay the penalty, contest the findings of the report or request a meeting with the area OSHA director.

"This employer's failure to protect employees resulted in a tragedy that could have been prevented if training was provided and machinery was appropriately guarded," said Rosemarie O. Cole, OSHA New Hampshire Area Director, in a press release about the investigation and subsequent fine.

Although OSHA still lacks a permanent chief administrator and there appears to be no specific candidate soon to be confirmed for the office, this penalty is a clear indication of the agency's continued commitment to enforcing its mission. Businesses across all industries have to recognize OSHA's strong commitment to addressing serious injuries and deaths in the workplace and take an active role in conducting proactive internal inspections that lead to maintenance and repair efforts.