OSHA's Top 10 most cited violations

Penalty Box

This list of OSHA’s proposed monetary penalties in fiscal year 2015 comprises penalties stemming from a single incident or related incidents in which one or more companies are alleged to have failed to adhere to safe work practices. This failure puts workers at risk – in some cases fatally. The following information was provided by OSHA.

Note: These fines represent proposed penalties issued by federal OSHA between Oct. 1, 2014, and Sept. 30, 2015. Dollar amounts may be reduced as part of a settlement agreement or litigation.

$1.94 million

Companies: Joseph Kehrer, Kehrer Brothers Construction, D7 Roofing Location: Okawville, IL (OSHA Region 5)
Business type: Construction
Inspection trigger: Complaint
Event: Employees were exposed to asbestos fibers without their knowledge while removing floor tiles, insulation and other materials at a former elementary school. Many of the workers were temporary and foreign-born, hired through a visa program.
Major citations: Kehrer and Kehrer Brothers were cited with 16 egregious, nine willful and six serious violations in which they allegedly failed to provide personal protective equipment, create a decontamination area and use appropriate work methods to minimize asbestos exposure. The proposed fines total $1.79 million, and Kehrer Brothers was placed into OSHA’s Severe Violator Enforcement Program. D7 Roofing was cited for two willful violations for failure to train workers or inform them of the presence of asbestos-containing material, and one serious violation for failure to conduct required inspections; proposed penalties totaled $147,000.

“Kehrer Brothers Construction brought non-English-speaking workers to the U.S. and knowingly exposed them to asbestos. Kehrer also threatened to fire his employees if they spoke with our investigators. This is outrageous, illegal behavior.” – OSHA administrator David Michaels

$1.77 million

Company: Ashley Furniture
Location: Arcadia, WI (OSHA Region 5)
Business type: Furniture retailer
Inspection trigger: Worker injury
Event: During a three-year period, workers at the Arcadia location suffered more than 1,000 work-related injuries. In July 2014, three of one worker’s fingers were amputated while he was operating a woodworking machine that lacked required safety mechanisms.
Major citations: Twelve willful and 12 repeat violations for not protecting workers from injuries due to moving machine parts, not preventing machines from unintentionally starting and not providing safety mechanisms to prevent contact with moving parts. Additionally, 14 serious violations were cited for not training workers on safety procedures, hazards present when servicing machinery, inadequate drenching facilities and a lack of readily accessible emergency stop buttons. The company was placed into OSHA’s Severe Violator Enforcement Program.

“Ashley Furniture intentionally and willfully disregarded OSHA standards and its own corporate safety manuals to encourage workers to increase productivity and meet deadlines. The company apparently blamed the victims for their own injuries, but there is clear evidence that injuries were caused by the unsafe conditions created by the company.” – OSHA administrator David Michaels

$861,500

Company: Case Farms Processing Inc.
Location: Winesburg, OH (OSHA Region 5)
Business type: Chicken processor
Inspection trigger: Referral
Event: During a February 2015 inspection, compliance officers found amputation, fall and electrical hazards; a lack of personal protective equipment and emergency eyewash stations; and improperly stored oxygen cylinders.
Major citations: Two willful violations for machine guarding and electrical hazards; 20 repeat violations for guardrail, personal protective equipment and lockout/tagout hazards; and 30 serious violations of walking-working, means of egress, and eye and face protection rules. The company was placed into OSHA’s Severe Violator Enforcement Program.

“In the past 25 years, Case Farms has been cited for more than 350 safety and health violations. Despite committing to OSHA that it would eliminate serious hazards, Case Farms continues to endanger the safety and health of its workers.” – OSHA administrator David Michaels

$822,000

Company: Lloyd Industries Inc.
Location: Montgomeryville, PA (OSHA Region 3)
Business type: Ventilation, duct and fire safety product manufacturer
Inspection trigger: Worker injury
Event: In July 2014, three fingers of a worker were amputated after the die on a press brake machine dropped on the worker’s hand. The machine lacked required safeguards and was not working properly, OSHA alleges. The agency accuses Lloyd Industries and its owner, William Lloyd, of a “pattern of defiance” toward OSHA standards. Since 2000, the site has had about 40 worker injuries, including lacerations and crushed, fractured, dislocated and amputated fingers. The company has repeatedly failed to correct hazards found by OSHA inspectors.
Major citations: Ten willful violations for repeated failure to guard machines and provide annual audiometric tests, and three willful, four serious and seven other-than-serious violations for alleged electrical hazard, noise protection and recordkeeping violations. The company was placed into OSHA’s Severe Violator Enforcement Program.

“William Lloyd and Lloyd Industries are serial violators of OSHA safety standards, and their workers have paid the price. No employer is above the law. For 15 years, they have repeatedly put their employees at risk of serious injuries. This must stop now.” – OSHA administrator David Michaels

$604,300

Companies: Case Farms Processing Inc. and Callaghan and Callaghan
Location: Canton, OH (OSHA Region 5)
Business type: Chicken processor and cleaning subcontractor
Inspection trigger: Worker injuries
Event: On March 25, two fingertips of a Case Farms employee were amputated while he was cleaning a fat sucker machine. The machine was not prevented from operating during the cleaning process. The worker was subsequently suspended from his job and later fired. Less than two weeks later, a liver-giblet chiller machine amputated the leg of a teen working for Callaghan and Callaghan, which was doing business as Cal-Clean. Safety mechanisms were missing from the machine.
Major citations: Case Farms was cited with two willful violations of lockout/tagout and machine guarding rules; 10 repeat violations of recordkeeping, lockout/tagout and electrical rules; and four serious violations of lockout/tagout and electrical rules. Proposed penalties total $424,600, and the company is in OSHA’s Severe Violator Enforcement Program. Callaghan and Callaghan was cited with two willful violations of lockout/tagout rules; and five serious violations of eye and face protection, hazard communication and walking/working surfaces rules. Proposed penalties total $179,700.

“Both Case Farms and Cal-Clean need to make safety a priority for employees who work at dangerous meat processing facilities.” – Howard Eberts, OSHA area director in Cleveland

$530,000

Companies: Fastrack Erectors Inc. and ARCO National Construction-KC Inc.
Location: Kansas City, MO (OSHA Region 7)
Business type: Construction subcontractor and general contractor Inspection trigger: Worker death
Event: An apprentice ironworker was standing 30 feet off the ground on a 9-inch-wide steel girder on a building under construction when he fell to his death on July 25, 2014. OSHA alleges that the worker was not provided with fall protection.
Major citations: Fastrack Erectors was cited with seven willful violations of scaffold, aerial lift and fall protection rules; and three serious violations of steel erection training and fall protection rules. Proposed penalties totaled $511,000, and the company was placed into OSHA’s Severe Violator Enforcement Program. ARCO was cited with four serious violations of fall protection, aerial lift and scaffold rules, and a proposed fine totaling $19,000.

“This tragedy illustrates how quickly a worker can die when fall protection is not provided, and why it’s so important.” – Marcia Drumm, OSHA regional administrator in Kansas City

$490,000

Company: First Capital Insulation Inc.
Location: Harrisburg, PA (OSHA Region 3)
Business type: Environmental services
Inspection trigger: Complaint
Event: OSHA alleges the company failed to take steps to protect three workers from risks posed by asbestos exposure during pipe insulation removal at an unoccupied residence.
Major citations: Seven willful violations for improper removal of asbestos, failure to ensure respirators fit correctly, and not decontaminating employees and their clothing before leaving the worksite.

“We found employees removing insulation containing asbestos without first wetting the material, which reduces the danger of exposure. A little water could have made all the difference and the company knew this.” – Kevin Kilp, OSHA area director in Harrisburg

$477,900

Company: Alfa Laval Inc.
Location: Broken Arrow, OK (OSHA Region 6)
Business type: Manufacturer of heat transfer, centrifugal separation and fluid-handling products
Inspection trigger: Planned inspection
Event: An inspection uncovered several workplace safety violations, five of which were previously identified in past inspections.
Major citations: Five repeat violations for machine guarding, lockout/tagout and ventilation hazards; and 45 serious violations for combustible dust hazards, inadequate ventilation for paint storage, fire hazards and chemical hazards. The company was placed into OSHA’s Severe Violator Enforcement Program.

“A continued failure by the company to make needed changes to its safety program may well result in severe injuries or worse.” – David Bates, OSHA area director in Oklahoma City

$470,300

Company: DMAC Construction LLC
Location: Philadelphia (OSHA Region 3)
Business type: Construction
Inspection trigger: Complaint and referral
Event: In November 2014, OSHA was informed of an alleged imminent danger situation involving DMAC. Upon arriving at the site, inspectors found an improperly braced scaffold being erected too close to power lines. Three weeks later, OSHA received notification of another imminent danger situation at a second worksite, where workers were found laying bricks 35 feet above the ground without fall protection. Scaffolding hazards were found at both sites.
Major citations: The company received seven citations for willful violations of scaffold rules and a citation for a repeat violation of the Hazard Communication Standard. The company was placed into OSHA’s Severe Violator Enforcement Program.

“These hazards are not new to DMAC Construction, yet the company refuses to make needed changes to put worker safety first. This employer must take immediate action to prevent an unnecessary tragedy.” – Nicholas DeJesse, OSHA director in Philadelphia

$423,900

Company: Hassell Construction Co. Inc.
Location: Richmond, TX (OSHA Region 6)
Business type: Construction
Inspection trigger: Worker injury
Event: An 8-foot-deep trench collapsed, burying a worker. Co-workers dug the man out of the collapsed trench with their bare hands and pulled him to safety. Moments later, the trench collapsed again. The injured worker was hospitalized.
Major citations: Six willful violations related to excavation requirements; and nine serious violations of rigging equipment, excavation and ladder rules. The company was placed into OSHA’s Severe Violator Enforcement Program.

“For more than 2,500 years, man has known how to prevent deadly trench collapses. It is absolutely unacceptable that employers continue to endanger the lives of workers in trenches.” – OSHA administrator David Michaels