October 7, 2021US Department of Labor cites Ohio paint manufacturer for workplacesafety failures following explosion that killed one, injured 8 workersYenkin-Majestic Paint Corp. faces $709K in OSHA fines for safety violations

COLUMBUS, OH – An explosion and fire that killed a press operator and hospitalized eight other employees of Yenkin-Majestic Paint Corp. could have been prevented had the employer not altered a kettle reactor vessel improperly and then returned the vessel to service after it failed following the alterations, a federal workplace safety inspection has found.

A U.S. Department of Labor Occupational Safety and Health Administration investigation of the April 8, 2021, explosion determined the same kettle reactor vessel released a flammable vapor cloud when its manway cover and gasket failed. The vapor flowed throughout the plant, ignited and caused the initial explosion.

OSHA cited the paint manufacturer for two willful and 33 serious safety violations of the agency’s process safety management and hazardous waste operations and emergency response procedures. OSHA also noted violations involving lack of personal protective equipment and employee training. The agency proposed $709,960 in penalties and placed Yenkin-Majestic in its Severe Violator Enforcement Program.

“Yenkin-Majestic Paint Corp. could have prevented this terrible tragedy if they had followed industry standards and removed a compromised kettle from service,” said Acting OSHA Regional Administrator William Donovan in Chicago. “Knowing that this company altered equipment, failed to use a qualified fabricator and returned equipment to service aware that it did not meet safety standards is unacceptable.”

OSHA’s investigation determined that in December 2020, Yenkin-Majestic Paint altered the kettle reactor vessel and the manway opening but did not ensure the vessel maintained its pressure-containing ability. On Jan. 3, 2021, following the alteration, the newly installed manway failed. The company made additional alterations to the vessel when installing a new gasket and again failed to adhere to OSHA’s PSM, pressure vessel inspection procedures and the American Petroleum Institute’s pressure vessel inspection code.

“Company leadership failed to follow their own internal audit procedures that were put in place to ensure the equipment’s integrity and that of the repair process,” said OSHA’s Area Director Larry Johnson in Columbus, Ohio.  

Founded in Columbus in 1920, the Yenkin-Majestic Paint Corp. is a manufacturer of paint resins and coatings.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA.

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Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.govRhonda Burke, 312-353-4807, burke.rhonda@dol.govRelease Number: 21-1816-CHI

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

October 7, 2021US Department of Labor cites insurance agency for exposing workersto coronavirus at Denver location where employee died with COVID-19Fred Loya Insurance Agency Inc. failed to implement COVID-19 protections

DENVER – A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.

In response to a complaint of unsafe working conditions and the employee’s death, the U.S. Department of Labor’s Occupational Safety and Health Administration initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

“Fred Loya Insurance Agency needlessly exposed employees in its Fort Collins’ office to co-workers with COVID-19 symptoms,” said OSHA Area Director Amanda Kupper in Denver. “This company showed an indifference toward the safety and well-being of its employees, including one who fell victim to the coronavirus.”

Based in El Paso, Texas, Fred Loya Insurance Agency Inc. is a subsidiary of Loya Insurance Group, which operates more than 500 agencies in states including Alabama, Arizona, California, Colorado, Georgia, Illinois, Indiana, New Mexico, Nevada, Ohio and Texas.

The company has 15 business days from receipt of citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA’s coronavirus resources.

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Media Contacts:

Chauntra Rideaux, 972-850-4710, rideaux.chauntra.d@dol.govJuan J. Rodríguez, 972-850-4709, rodriguez.juan@dol.gov

Release Number:  21-1782-DEN

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

October 6, 2021US Department of Labor proposes $300K in fines after inspection findsworkers endangered at Missouri nutrition production plantBCP Ingredients Inc. cited for 24 serious safety, health violations

VERONA, MO – Two complaints of unsafe working conditions at a Verona nutrition production plant led federal safety and health inspectors to investigate allegations of worker exposure to multiple safety and health hazards, including toxic substances, combustible dust and moving machinery parts. 

The U.S. Department of Labor’s Occupational Safety and Health Administration issued 24 serious safety and health violations and proposed $300,759 in penalties to BCP Ingredients Inc., a wholly owned subsidiary of Balchem Corp. 

Investigators cited multiple OSHA violations, including exposing workers to:

OSHA also cited the company for exposing workers to struck-by and fall hazards from modified forklifts, failing to maintain eyewash stations near chemical use areas, and not training workers on how to identify and prevent hazards found in the production facility. 

“This company’s failure to comply with safety and health requirements exposed hundreds of workers to toxic chemicals and unguarded machine hazards,” said OSHA Area Director Karena Lorek in Kansas City, Missouri. “OSHA will always respond to reports of unsafe working conditions to ensure employers meet their legal obligation to protect workers on the job.” 

BCP Ingredients is part of Balchem’s Animal Nutrition and Health Division, which produces choline, nutrient encapsulation, chelated minerals and functional ingredients for feed and animal supplements. The Verona facility also produces food ingredients primarily for the baking industry. Based in New Hampton, New York, Balchem is one of the world’s largest producers of nutrition and health products for animal and human consumption. It employs more than 1,400 people worldwide. 

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. 

Learn more about OSHA.

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Media Contacts: 

Scott Allen, 312-353-4727, allen.scott@dol.govRhonda Burke, 312-353-4807, burke.rhonda@dol.gov

October 5, 2021US Department of Labor proposes $136K in fines after workerat Tootsie Roll manufacturing plant suffers amputation injuryCompany cited for one willful safety violation for failing to ensure proper machine guards

CHICAGO – A 48-year-old worker for Tootsie Roll Industries LLC suffered a partial finger amputation after their employer allowed bypassed safety locks on a machine’s access doors that enabled a bag sealer to close on an employee’s finger.

The U.S. Department of Labor’s Occupational Safety and Health Administration inspection of the April 19, 2021, incident found that the worker reached into an unguarded machine to remove stuck paper debris when the bag seal’s jaws closed.

OSHA issued one willful violation for inadequate machine guarding and proposed $136,532 in penalties.

“Hundreds of workers are injured needlessly each year because employers ignore safety guards, often to speed up production, and that’s exactly what happened in this case,” said OSHA Chicago South Area Director James Martineck in Tinley Park. “Employers must never put profits before people. When they do and fail to meet their obligations to keep workers safe, we will take action to hold them accountable.”

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA.

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Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.gov
Rhonda Burke, 312-353-4807, burke.rhonda@dol.gov

Release Number: 21-1752-CHI

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

October 5, 2021US Department of Labor cites Valmont Coatings for exposing workersto crushing, other safety hazards after investigation into employee’s deathOSHA finds one willful and five serious violations; proposes $202K in penalties

CLAREMORE, OK – An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration following the death of a 19-year-old worker at a Valmont Coatings’ facility in Claremore found the company failed to use proper rigging equipment and perform inspections and maintenance on cranes. The worker was attaching multiple small steel I-beams to a large lifting fixture when the entire assembly fell on him.

OSHA also determined the company – doing business locally as Oklahoma Galvanizing – exposed workers to slip and trip hazards near hot-dip tanks and failed to provide required emergency showers and eyewash stations.

OSHA cited Valmont for one willful and five serious violations and proposed $202,000 in penalties.

“Equipment used to lift or move heavy parts must be inspected regularly and kept in good condition or removed from service to avoid worker injuries or fatalities,” said OSHA Area Director Steven Kirby in Oklahoma City. “This employer’s failure to do so cost a young worker his life.”

Based in Omaha, Nebraska, Valmont Coatings is a leading provider of hot-dip galvanizing and applied coating services with 35 facilities in seven countries. It is a subsidiary of Valmont Industries Inc., which does business in more than 23 countries and operates 80 manufacturing facilities to produce engineered support structures, coatings, irrigation and utility support structures.

The company has 15 business days from receipt of citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Learn more about OSHA.

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Media Contacts:

Chauntra Rideaux, 972-850-4710, rideaux.chauntra.d@dol.gov
Juan J. Rodríguez, 972-850-4709, rodriguez.juan@dol.gov

Release Number:  21-1798-DAL

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department’s Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).