Failure to LOTO puts employees of mechanical contractor at risk

Abstract

A mechanical contractor for an Alabama paper mill, lost an employee on September 24, 2003 as a result of removing debris under a fuel wood conveyor while the machine was operating.

OSHA cited the contractor for failure to utilize lockout/tagout (LOTO) procedures; failure to train employees on the company's LOTO program; and failure to lock out the conveyor before allowing employees to clean around or underneath it. The Occupational Safety and Health Review Commission (OSHRC) upheld the citations issued by the agency. However, two citations were combined into one penalty based on the circumstances of the case and the fact that the violations were closely related. Total amount of the penalties assessed to the mechanical contractor was $10,300.

Question: Did the mechanical contractor's supervisors realize the significant risk posed to employees who cleaned under the conveyor?

The mechanical contractor had a long history of repairing and upgrading machinery for the Alabama paper mill. Prior to the fatal injury, the contractor modified a component on the fuel wood conveyor, which caused unusual amounts of debris to spill onto the bark pit floor. The contractor was hired to clean up the floor, which required removing debris underneath the conveyor. Due to close contact with the machinery, one worker accidentally bumped his hardhat on the belt while cleaning under a section of the conveyor. Another worker died after his arm and shovel became tangled between a rotating idler and moving belt.

Although the superintendent was aware of the dangers associated with working underneath the conveyor and was familiar with the area that required cleaning, he never intended for anyone to enter the lowest points under the conveyor. This included the section where the clearance between the belt and floor measured 28 to 34 inches. As for the foreman, OSHRC concluded that he simply did not recognize any hazard and never intended for anyone to enter the lower sections of the conveyor.

According to OSHRC, this lack of knowledge — regarding locking out the conveyor before allowing employees to work underneath it — was evidence that the contractor's LOTO training was inadequate.

Conclusion

OSHRC determined that the mechanical contractor was required to comply with the requirements of the Pulp, Paper, and Paperboard Mills Regulation 1910.261(b)(1) — Lockouts, as well as Control of Hazardous Energy, 1910.147. The Commission also concluded that the contractor was required to provide appropriate LOTO training to its employees. Although the contractor had a LOTO program, it did not include clean-up work as service and maintenance activities.

As for the contractor's superintendent and foreman, OSHRC determined that there was no indication that they intentionally, knowingly, or voluntarily disregarded the use of LOTO devices or employee safety. Although not willful, it was a serious violation for the company.

Full text decision

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