October 15, 2021Investigation into worker’s severe arm injury finds Cusseta auto partsmanufacturer, supplier willfully ignored safety precautionsOSHA proposes $205K in penalties for Leehan America Inc.

CUSSETA, AL – A 64-year-old employee suffered an arm amputation, federal workplace safety investigators found, as a result of a Cusseta auto parts manufacturer and supplier’s willful failure to follow required safety standards.

The U.S. Department of Labor’s Occupational Safety and Health Administration determined the assembler, working at Leehan America Inc., sustained the severe injury when struck by a forklift on April 14, 2021. OSHA investigators cited the company with a willful violation after learning they allowed the forklift’s driver to operate the vehicle without training. In addition, OSHA cited Leehan America with a repeat violation when they found no machine guarding in place, an amputation hazard for which the agency cited the company in April 2018.

OSHA also found the company failed to ensure the use of energy control procedures and did not provide employees with lockout/tagout devices. Leehan America also failed to conduct forklift evaluations for operators that were trained at least every three years, and examine forklifts and remove unsafe vehicles from service as required.

OSHA has proposed $205,384 in penalties for Leehan America.

“Leehan America knew the requirements and willfully ignored them, and a worker suffered a life-changing injury,” said OSHA Area Director Jose Gonzalez in Mobile, Alabama. “Adding to the tragedy is the knowledge that if appropriate safety precautions were taken, the incident was preventable. There is no excuse for taking shortcuts that put workers’ safety and health in jeopardy.”

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.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance. Learn more about OSHA.

# # #

Media Contacts:

Eric R. Lucero, 678-237-0630, lucero.eric.r@dol.govErika B. Ruthman, 678-237-0630, ruthman.erika.b@dol.gov

Release Number:  21-1837-ATL (274)

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 15, 2021Contractor faces 2 serious citations after US Department of Labor findssafety failures led to welder’s death at Bonner Bridge demolition project OSHA finds contractor overloaded bridge section, leading to collapse and fatal fall

RODANTHE, NC – A federal workplace safety investigation found that established procedures were ignored, causing a 42-year-old welder on the Bonner Bridge in Rodanthe to fall more than 50 feet to his death when the structure collapsed on April 14.

Employed by PCL Civil Constructors Inc., the worker was torch-cutting crossbeams on a section of the bridge where the company discarded concrete for removal. The concrete’s weight caused the structure to collapse and the welder to fall. PCL Civil Constructors is the lead contractor for the project, which includes dismantling sections of the bridge built in 1963.

The U.S. Department of Labor’s Occupational Safety and Health Administration cited PCL Civil Constructors with two serious violations for failure to use engineering surveys or calculations to control the structure’s stability and avoid unplanned collapses. OSHA also found the employer overloaded bridge sections beyond weight capacity and exposed workers to struck-by and crush-by hazards. OSHA has proposed $23,210 in penalties.   

“PCL Civil Constructors violated federal safety standards and a worker needlessly died as a result,” said OSHA Area Director Kimberley Morton in Raleigh. “If they had followed well-known standards, this tragic loss of life could have been prevented.”

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s workers by setting and enforcing standards, and providing training, education and assistance. Learn more about OSHA.

# # #

Media Contacts:

Erika B. Ruthman, 678-237-0630, ruthman.erika.b@dol.govEric R. Lucero, 678-237-0630, lucero.eric.r@dol.gov

Release Number:  21-1827-ATL (275)

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 14, 2021US Department of Labor proposes $83K in fines to healthcarefacility for failing to protect workers from coronavirus hazardsFollow-up inspection results in respiratory protection violations, lack of hazard assessment

BLOOMINGDALE, IL – A Bloomingdale nursing facility failed to protect employees and temporary staff from possible coronavirus hazards a year after an employee died of the disease.

The U.S. Department of Labor’s Occupational Safety and Health Administration initiated a follow-up inspection at West Suburban Nursing and Rehabilitation Center LLC on July 28, 2021, under the National Emphasis Program for Coronavirus Disease 2019 and the Emergency Temporary Standard for Healthcare. The agency cited one repeat and five serious health violations and proposed $83,675 in penalties. In June 2020, an employee died after exposure to coronavirus.

OSHA determined West Suburban required employees to wear N95 filtering face piece respirators while entering the quarantine area and providing care to suspected coronavirus positive residents. However, it failed to ensure proper use of respirators and fit test all employees to ensure an effective seal, as required.

“Simply wearing a respirator is not enough. Employers must ensure respirators fit correctly and maintain a face-to-face piece seal to ensure they protect the user from the spread of infectious diseases,” said OSHA Area Director Jake Scott in Naperville. “After more than a year of fighting this pandemic, employers should know the procedures to minimize workers’ risk of exposure and take every precaution.”

OSHA also determined the facility failed to implement a hazard assessment process to evaluate for potential coronavirus exposure, track vaccination status of employees, erect barrier and control procedures to maintain 6 feet of distancing between employees at entry points and nursing stations, and control access to the quarantine zone by staff and patients.

West Suburban Nursing and Rehabilitation Center provides skilled nursing care and non-acute rehabilitation services.

Learn more about OSHA and the agency’s resources on coronavirus protection. 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.

# # # 

Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.gov
Rhonda Burke, 312-353-4807, burke.rhonda@dol.gov
Release Number: 21-1791-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 14, 2021For the 6th time in 7 years, federal inspectors find Illinois contractorputting construction workers at risk of industry’s deadliest hazardEmerald Inc. cited for 8 violations at Elk Grove Village work site, faces $229K in penalties

ROSELLE, IL – For the sixth time in seven years, a federal workplace inspection has found a Roselle construction contractor putting workers at risk of serious injury or death by defying federal requirements to ensure the use of fall protection.

On April 16, 2021, U.S. Department of Labor’s Occupational Safety and Health Administration inspectors observed employees of Emerald Inc. without fall protection while performing framing and carpentry work at a residential townhome development under construction in Elk Grove Village.

OSHA cited the company for one willful, five repeat and two serious safety violations, and proposed $229,792 in penalties. OSHA identified similar hazards present at Emerald Inc. work sites in February 2021, May 2020, February 2018, December 2017 and October 2017, and issued citations. The company has failed to resolve the issued citations, leading OSHA to refer $172,521 in unpaid penalties to debt collection.

“Working from heights is among the most dangerous jobs in construction. Emerald Inc.’s continued failure to follow federal safety laws requiring the use of fall protection risks the lives and livelihoods of its workers,” said OSHA’s Chicago North Area Director Angeline Loftus in Des Plaines, Illinois. “OSHA standards are designed to prevent workers from suffering serious and life threatening injuries from workplace falls. Employers in the construction industry must ensure required fall prevention methods and equipment are used, and must train workers on their proper use.”

In addition to the fall protection violation, OSHA found the crew working without required eye protection and hard hats, and exposed to fall hazards due to improper ladder use and lack of stair rails. Inspectors also noted Emerald Inc. failed to train employees on fall hazards and in the safe use of powered industrial vehicles.

In 2019, the Bureau of Labor Statistics reported that 1,061 construction workers died on the job, 401 after a fall from elevation. In Fiscal Year 2020, fall protection was the standard most frequently cited by OSHA in construction industry inspections.

OSHA’s stop falls website offers safety information and video presentations in English and Spanish to teach workers about hazards and proper safety procedures.

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.

# # #

Media Contacts:

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

Release Number: 21-1861-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 14, 2021US Department of Labor investigation of crane collapse, double fatalityon Interstate 10 finds Lufkin company failed to assemble crane properlyOSHA finds three willful, two serious violations; proposes $212K in penalties

BEAUMONT, TX – A Lufkin contractor’s failure to assemble a crane boom properly caused the crane to collapse onto a passing vehicle on Interstate 10 near Beaumont, killing the two occupants in April 2021.

An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration determined Hemphill WBE Pile Driving Co. Inc. was installing supports for an elevated section of the highway at the time of the incident. OSHA found the operator failed to determine the correct weight of the load while using the crane to retrieve a helmet box and hammer driven 3 feet into the ground. The incorrectly assembled boom buckled and landed on the vehicle.

OSHA cited the company for three willful and two serious violations, including operating a crane beyond its rated load capacity and failing to assemble the boom properly. The company faces $212,599 in proposed penalties.

“Two people died senselessly because Hemphill Pile Driving failed to follow assembly instructions and federal regulations. They endangered their employees and every person driving on this section of Interstate 10,” said OSHA Area Director Mark Briggs in Houston. “Employers are responsible for ensuring they follow safety and health rules and conduct operations in a manner that keeps workers and others safe.”

Incorporated in 1989, Hemphill WBE Pile Driving Co. Inc. specializes in pile driving. The contractor has approximately 11 employees.

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 requirements for cranes and derricks in construction.

# # #

Media Contacts:

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

Release Number: 21-1826-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).

October 13, 2021US Department of Labor sues Austin luxury car dealer that retaliatedagainst employee who raised concerns of coronavirus hazardsHi Tech Motorcars LLC terminated employee for warning managers, coworkers

AUSTIN, TX – The U.S. Department of Labor has filed suit against an Austin luxury car dealer for terminating an employee who warned managers and other co-workers about potential coronavirus hazards in the workplace.

The action follows an investigation by the department’s Occupational Safety and Health Administration that found Hi Tech Motorcars LLC, Hi Tech Imports LLC and Hi Tech Luxury Imports LLC violated the Occupational Safety and Health Act when it retaliated against the worker in December 2020.

After learning a co-worker had tested positive for coronavirus, the employee requested that management notify other employees immediately of their risk of exposure. When management did not take action, the employee sent an email to all company employees about the potential hazards. Less than an hour later, the employer terminated the employee.

OSHA found the employee exercised their legal rights under section 11(c) of the OSH Act, and that the termination was illegal. In its filing in U.S. District Court for the Western District of Texas, Austin Division, the department seeks reinstatement, lost wages and benefits resulting from the termination, reimbursement for costs and expenses, compensatory damages, and exemplary or punitive damages.

“No worker should ever fear losing their job for raising workplace safety and health concerns,” said OSHA Regional Administrator Eric S. Harbin in Dallas. “OSHA’s investigation and U.S. Department of Labor’s action in this case show we will enforce these protections vigorously.”

“This employee acted out of real concern for their safety and that of their coworkers, and their actions are protected under federal law,” said Regional Solicitor of Labor John Rainwater in Dallas. “The law also protects whistleblowers from retaliation by their employer and holds employers accountable when they do.”

OSHA’s Whistleblower Protection Program enforces the whistleblower provisions of 25 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace safety and health, airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health insurance reform, motor vehicle safety, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, criminal antitrust, and anti-money laundering laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.

# # #

Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.

Media Contacts:

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

Release Number: 21-1842-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).

October 13, 2021       US Department of Labor, Mexican Consulate in Boston enter alliance to promote workplace safety, health among New England’s workersProtection for workers in Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

(L-R) Jeffrey Erskine, Acting Regional Administrator, OSHA Region 1, and Alberto Fierro, Consul General, Consulate General of Mexico in Boston, display the alliance.

BOSTON – The U.S. Department of Labor and the Consulate General of Mexico in Boston have signed an alliance to provide hazard prevention training and training on employees’ workplace safety and health rights to Mexican nationals and others working in New England. It will also educate them on how the Occupational Safety and Health Act and other U.S. laws protect their rights and hold employers responsible. The alliance covers workers in Massachusetts, Maine, New Hampshire, Rhode Island and Vermont.

Over the next two years, the department’s Occupational Safety and Health Administration and the consulate will develop and deliver information on recognizing and preventing workplace hazards to Mexican workers through public exhibits; speaking opportunities and appearances at conferences and local meetings; and participation in “Mobile Consulate” activities and events.

“Knowledge is an essential tool for workers. It protects them from workplace hazards and ensures they understand their rights. Our alliance with the Consulate General of Mexico establishes an ongoing process to provide that information to New England’s workers and employers,” said OSHA Acting Regional Administrator Jeffrey Erskine in Boston. “This effort also signals our commitment to making safety a priority in the lives of Mexican nationals and others working in Massachusetts, Maine, New Hampshire, Rhode Island and Vermont.”

A team of OSHA and Mexican Consulate representatives will develop a plan of action, determine working procedures, and identify participants’ roles and responsibilities. They will also meet at least three times per year to track and share information on progress toward achieving the alliance’s goals.

OSHA’s Alliance Program works with groups committed to worker safety and health to prevent workplace fatalities, injuries and illnesses. These groups include unions, consulates, trade or professional organizations, businesses, faith- and community-based organizations, and educational institutions. OSHA and the groups work together to develop compliance assistance tools and resources, share information with workers and employers, and educate workers and employers about their rights and responsibilities.

Learn more about OSHA.

Read the release in Español.

# # #

Media Contacts:

Ted Fitzgerald, 617-565-2075, fitzgerald.edmund@dol.govJames C. Lally, 617-565-2074, lally.james.c@dol.gov

Release Number:  21-1753-BOS

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).