OSHA’s Top 10

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Top 10 penalties

The list of OSHA’s highest proposed monetary penalties in fiscal year 2023 comprises those stemming from a single incident or related incidents in which one or more employers are alleged to have failed to adhere to safe work practices. These failures put workers at risk – in some cases, fatally. The following information was gathered from press releases issued by federal OSHA between Oct. 1, 2022, and Sept. 30, 2023, as well as data provided by the agency’s communications team.

(Note: Dollar amounts may be reduced as part of a settlement agreement or litigation.)

$2.8 million

EMPLOYER: Miracapo Pizza Co. LLC (dba Little Lady Foods)
LOCATION: Gurnee, IL (OSHA Region 5)
BUSINESS TYPE: Frozen food manufacturer
INSPECTION TRIGGER: Fatality
EVENT: A 29-year-old female sanitation worker, who was placed at the facility by a staffing agency, was found decapitated after using compressed air to clean a spiral conveyor as it moved to cool pizza. OSHA inspectors determined that temporary workers were neither trained nor given authority to stop moving equipment before cleaning.
MAJOR CITATIONS: Miracapo Pizza was cited for 16 willful egregious violations, 12 serious violations and one willful violation. The company also was placed in OSHA’s Severe Violator Enforcement Program.

“This tragedy took the life of a young woman and forever changes the lives of her family, friends and co-workers. Safety standards are put in place to prevent these kinds of tragedies. Employers have a responsibility to train workers in the language they understand so they know how to perform their work safely.” – OSHA administrator Doug Parker

 

$1.9 million

EMPLOYER: Zwanenberg Food Group (USA) Inc.
LOCATION: Cincinnati (OSHA Region 5)
BUSINESS TYPE: Food processing plant
INSPECTION TRIGGER: Referral
EVENT:A 29-year-old temporary worker became caught in rotating paddle augers after falling into an industrial blender he was cleaning. He suffered critical injuries that necessitated a leg amputation. OSHA found that the company did not train sanitation workers to lock out equipment before cleaning and neglected to verify changes to its lockout/tagout procedures or retrain workers when changes occurred.
MAJOR CITATIONS: OSHA cited Zwanenberg for 11 willful, four serious, one repeat and one other-than-serious violation.

“This young man suffered a preventable debilitating injury because his employer failed to train him and the majority of its third-shift sanitation workers adequately to lock out equipment to ensure their own safety. This tragedy is compounded by the fact that OSHA cited Zwanenberg for similar violations two weeks prior, and they continued to ignore their responsibility to protect workers.” – Bill Donovan, OSHA regional administrator in Chicago

 

$1.2 million

EMPLOYER: NOX US LLC
LOCATION: Fostoria, OH (OSHA Region 5)
BUSINESS TYPE: Vinyl tile manufacturer
INSPECTION TRIGGER: Referral
EVENT: A worker suffered numerous serious injuries that required surgery after being caught in a machine. An OSHA inspection found that the worker’s body was pulled around the machine’s spindle after the worker’s finger got caught in a rotating spindle on a plastic winding machine.
MAJOR CITATIONS: OSHA cited NOX for eight willful, six serious, one repeat and one other-than-serious violation. It was the company’s seventh incident related to failing to follow required machine safety protocol since February 2017.

“NOX US LLC’s continued failure to correct previously identified hazards has led to another worker suffering severe and potentially life-altering injuries. When an employer fails to ensure dangerous machines are guarded or deenergized properly, they show an indifference to worker safety, and the risk of serious injuries multiplies.” – Bill Donovan, OSHA regional administrator in Chicago

 

$687,536

EMPLOYER: ALJ Home Improvement Inc.
LOCATION: Ho-Ho-Kus, NJ (OSHA Region 2)
BUSINESS TYPE: Roofing contractor
INSPECTION TRIGGER: Planned
EVENT: During an inspection conducted under an OSHA Local Emphasis Program on falls in construction, an agency inspector observed three workers on a roof 18 feet above the ground without required fall protection.
MAJOR CITATIONS: ALJ was cited with four serious and four willful violations for lack of fall and head protection and violating multiple standards.

“Since 2019, two employees of ALJ Home Improvement have suffered fatal falls, and ALJ continues to callously ignore the law and blatantly jeopardize the safety of its workers. The company repeatedly refuses to comply with OSHA standards and make worker safety a priority, choosing instead to put profit over the lives of its employees. The reality is that a safe workplace is actually a more profitable workplace.” – Lisa Levy, OSHA area director in Hasbrouck Heights, NJ

 

$629,946

EMPLOYER: Topflight Grain Cooperative Inc.
LOCATION: Atlanta, IL (OSHA Region 5)
BUSINESS TYPE: Farm product warehousing and storage
INSPECTION TRIGGER: Referral
EVENT: A 27-year-old worker cleaning a soybean bin suffered a partial amputation of his right leg. OSHA found that the company neglected to place a guard or cover over holes leading to a paddle conveyor in operation as three workers entered the bin. Topflight also failed to use guardrails or travel restraint systems to prevent workers from falling into the equipment.
MAJOR CITATIONS: Topflight was cited for four willful and one repeat violation.

“Topflight Grain Cooperative Inc. could have prevented this terrible incident and had been warned about the potential hazards of grain bins when OSHA cited the employer for similar hazards at another facility.” – Bill Donovan, OSHA regional administrator in Chicago

 

$584,633

EMPLOYER: Guelsin Lima (dba Extreme Roofing and Siding LLC)
LOCATION: Upper Saddle River, NJ (OSHA Region 2)
BUSINESS TYPE: Roofing contractor
INSPECTION TRIGGER: Planned
EVENT: As part of an inspection under an OSHA Local Emphasis Program on falls in construction, inspectors saw four workers without fall protection on a roof exposed to a 30-foot fall hazard. The agency also found violations on a residential construction site.
MAJOR CITATIONS: Guelsin Lima was cited for nine willful and three serious violations for exposing workers to fall hazards, improper ladder use, and failure to provide head and eye protection.

“Guelsin Lima has a significant OSHA history and is fully aware of what OSHA standards require. This latest inspection offers further proof that the operator of Extreme Roofing and Siding LLC simply refuses to comply with the law.” – Lisa Levy, OSHA area director in Hasbrouck Heights, NJ

 

$575,745

EMPLOYER: Dollar General Corp./Dolgencorp LLC
LOCATION: Town Creek, AL (OSHA Region 4)
BUSINESS TYPE: Discount retailer
INSPECTION TRIGGER: Complaint
EVENT: OSHA inspectors found this Dollar General location put worker safety at risk via a series of violations and omissions.
MAJOR CITATIONS:The location was cited for four willful, two repeat and one serious violation. Citations involved failure to keep walking-working surfaces free of hazards, keep exit routes free and unobstructed, and ensure stacked material was secure.

“The violations cited in these investigations are preventable, and OSHA will make every effort to hold Dollar General accountable for their failures.” – Kurt Petermeyer, OSHA regional administrator in Atlanta

 

$549,147

EMPLOYER: Dollar General Corp./DG Retail LLC/Dollar General
LOCATION: Killdeer, ND (OSHA Region 8)
BUSINESS TYPE: Discount retailer
INSPECTION TRIGGER: Referral
EVENT: During a spate of OSHA inspections at multiple North Dakota Dollar General stores in late 2022, the agency found blocked exit routes, doors, fire extinguishers and electrical panels, as well as unsafely stacked merchandise.
MAJOR CITATIONS: OSHA cited this Dollar General location for five repeat violations.

“As one of the nation’s largest retailers, the company must focus its attention on resolving these issues and making corporatewide changes to protect the safety and well-being of the people they employ.” – Doug Parker, OSHA administrator

 

$549,030

EMPLOYER: Dollar General Corp./Dolgencorp LLC
LOCATION: Tampa, FL (OSHA Region 4)
BUSINESS TYPE: Discount retailer
INSPECTION TRIGGER: Complaint
EVENT: Ongoing federal inspections of the discount chain found this location had blocked exit routes, doors, fire extinguishers and electrical panels.
MAJOR CITATIONS: The Dollar General location was cited for five repeat violations.

“Dollar General must make changes to correct these recurring violations before a worker is needlessly injured or worse.” – Danielle Jindra, OSHA area director in Tampa

 

$534,802

EMPLOYER: Paramount Builders Ltd./Paramount Builders Inc.
LOCATION: Pago Pago, American Samoa (OSHA Region 9)
BUSINESS TYPE: Commercial and institutional building construction
INSPECTION TRIGGER: Planned
EVENT: OSHA found that Paramount Builders violated a number of rules and standards, including failure to use required guardrail and personal fall arrest systems; ensure workers use appropriate eye or face protection related to hazards from flying particles, liquid chemicals and chemical gases; and install equipment safely as instructed by the manufacturer.
MAJOR CITATIONS: OSHA cited Paramount Builders for four serious, four repeat and three willful violations.

“Paramount Builders has historically shown its willingness to ignore federal laws that protect its employees from being exposed to serious injuries and potentially fatal hazards.” – Roger Forstner, OSHA area director in Honolulu

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*Note: Inspection information listed may change for inspections not listed as closed. (For example, violations may be added or deleted).

 

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