$42,000 OSHA Fine – Improper Training and Enforcement

Published by Timothy G. Wiemer
on 14^th September 2015

OSHA cited a company in Waukesha WI Aug. 31, 2015 for nine serious and two other-than-serious safety violations. The total of all nine proposed safety penalties add up to $42,000.

According to the article on workerscompensation.com   Metal Salvage Recycler’s Safety Failures Cited in Death of Maintenance Manager “A 52-year-old maintenance manager died of head and neck injuries after being struck by a forklift at metal recycling facility in Waukesha.” The company Waukesha Iron & Metal, did not require workers to wear protective head equipment.

The basis for one of the safety violations was due to the lack of training and enforcement of wearing proper personal protective equipment or PPE. According to OSHA standard number 1910.135(a)(1) .  The employer shall ensure that each affected employee wears a protective helmet when working in areas where there is a potential for injury to the head from falling objects.

In addition OSHA cited the company for having unsafe forklift equipment and not providing forklift operator training.

Please see below as it relates to the criteria for head protection (PPE)

The following information from Section 1910.135(b) addresses head protection.

According to 1910.135(b)(1) – head protection must comply with any of the following consensus standards:

1910.135(b)(1)(i) ANSI Z89.1-2003, “American National Standard for Industrial Head Protection,” which is incorporated by reference in §1910.6;

1910.135(b)(1)(ii) ANSI Z89.1-1997, “American National Standard for Industrial Head Protection,” which is incorporated by reference in §1910.6; or

1910.135(b)(1)(iii) ANSI Z89.1-1997, “American National Standard for Personnel Protection – Protective Headwear for Industrial Workers – Requirements,” which is incorporated by reference in §1910.6

1910.135(b)(2) – Head protection devices  that the employer demonstrates are at lease as effective as head protection devices that are constructed in accordance with one of the above consensus standards will be deemed to be in compliance with the requirements of this section.

[59 FR 16362, April 6,1994; 61 FR 9227, March 7, 1996; 61 FR 19547, May 1, 1996; 74 FR 46356, Sept. 9, 2009]

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