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Archived News Release--Caution:
information may be out of date.
For more information call: (202) 219-8151
The Occupational Safety and Health Administration (OSHA) today issued
citations against Landis Plastics, Inc., of Solvay, N.Y., for alleged willful
failures to record worker illnesses and injuries over a two-year period.
Proposed penalties total $720,700, primarily for the alleged recording
violations, in addition to violations for machine guarding and
ergonomic-related hazards.
OSHA found that Landis failed to record 63 injuries and illnesses in
1995 and 1996 in logs they are required to keep under the Occupational Safety
and Health Act. Known as OSHA 200 logs, these are used to record injuries and
illnesses that occur in the workplace and are an important means of determining
where hazardous conditions exist. More than half of the unrecorded injuries and
illnesses were related to ergonomic hazards.
The company had been warned specifically by OSHA about injury and
illness recording deficiencies during previous inspections.
"OSHA regards the failure to record injuries and illnesses suffered by
workers as a very serious violation," said Gregory R. Watchman, acting
assistant secretary of labor for occupational safety and health. "Without
proper recording, hazards remain undetected and may lead to unnecessary pain
and suffering that could have been prevented."
Patricia A. Clark, OSHA Regional Administrator, said, "By misrecording
injuries and illnesses over the last two years, this company allowed hazards to
remain unaddressed, resulting in continuous harm to employees."
The Solvay plant, which employs about 170 workers, makes custom-molded
plastic food containers. Landis Plastics has about 1,200 employees in four
manufacturing sites in New York, Illinois, and Indiana.
OSHA's action results from a complaint inspection of the facility
conducted July 15, 1996, through Jan. 14, 1997.
For each of the 63 alleged willful violations of the recordkeeping
requirements, OSHA's Syracuse, N.Y. area office issued citations carrying a
proposed penalty of $10,000, for a total of $630,000 as the penalty for an
alleged egregious willful violation, the most serious classification of OSHA
citations. An additional alleged willful violation, with a combined penalty of
$10,000, cited 50 instances of failure to provide full descriptions in the OSHA
logs of injuries and illness that occurred.
Landis Plastics not only failed to meet OSHA recording requirements, but
also did not report injuries and illnesses to the New York State workers
compensation system. Landis was self-insured for workers compensation and paid
compensation directly to injured workers without notifying the state. As a
result, Landis was the first company to be fined for not reporting injuries to
the state system. Penalties of $48,000 were assessed by New York State for 21
unreported injuries and illnesses in November 1996.
Additional alleged willful violations deal with the company's failure to
establish a hearing conservation program. A hearing conservation program
requires the employer to provide yearly audiograms to employees exposed to
excessive noise; train employees on the effects of noise, and provide hearing
protection at no cost to the employees. The proposed penalty for these
violations is $5,000.
Landis Plastics also was cited for alleged repeat violations involving
failing to adequately guard machinery, not certifying the completion of
lockout/tagout training, and not making hazard assessments for personal
protective equipment. The company had been cited for similar violations in
previous years. The proposed penalty totals $57,700.
The firm also was cited for four alleged serious violations, including
failure to provide a workplace free from ergonomic risk factors likely to cause
carpal tunnel syndrome and back and shoulder injuries. The proposed penalty for
the serious violations totals $15,000.
In addition, OSHA cited Landis Plastics for three alleged
other-than-serious violations for failing to complete supplemental records
(required for each recordable occupational injury and illness), failure to
complete a written certification for personal protective equipment training and
failure to conduct period inspections of energy control procedures used to
safely lock out equipment. Proposed penalties for those alleged violations
total $3,000.
A summary of alleged violations is attached.
The company has 15 working days to contest the citations and proposed
penalties before the independent Occupational Safety and Health Review
Commission.
SUMMARY OF CITATIONS AND PROPOSED PENALTIES
LANDIS PLASTICS, INC.
SOLVAY, N.Y.
ALLEGED EGREGIOUS WILLFUL VIOLATION
Failure to record on the OSHA 200 log recordable injuries
and illnesses, 63 instances with proposed penalties of $10,000
per instance, total proposed penalty of $630,000.
ALLEGED WILLFUL VIOLATIONS
Failure to properly record items on the OSHA 200 log, 50
instances, proposed penalty of $10,000.
Lack of a hearing conservation program, charging employees
for replacement of hearing protection, and failure to provide
employees with more than one type of hearing protection, proposed
penalty of $5,000.
ALLEGED SERIOUS VIOLATIONS
Violation of Section 5(a)(1) of the Occupational Safety and
Health Act, which imposes a general duty on the employer to
provide employment and a place of employment free from known and
recognized hazards likely to cause death or serious injury, by
having employees perform tasks with ergonomic risk factors,
proposed penalty of $7,000.
Exit and access door in conference room locked, proposed
penalty of $1,500.
Failure to require necessary splash goggles, proposed
penalty of $1,500.
Failure to conduct periodic inspections for energy control
procedures, proposed penalty of $2,500.
Failure to provide training on energy control procedures,
proposed penalty of $2,500.
ALLEGED REPEAT VIOLATIONS
Failure to adequately guard machines to protect employees
from rotating and reciprocating parts and ongoing nip and pinch
points, proposed penalty of $50,000.
-more-
Failure to provide written certification for personal
protective equipment hazard assessment, proposed penalty of
$7,500.
Failure to provide certification of lockout/tagout training,
proposed penalty of $200.
ALLEGED OTHER-THAN-SERIOUS VIOLATIONS
Failure to complete supplementary records within six working
days, proposed penalty of $3,000.
Lack of written certification for personal protective
equipment training, no penalty.
TOTAL OF PROPOSED PENALTIES $720,700
Classification of OSHA Violations:
Willful violations are those committed with an intentional
disregard of, or plain indifference to, the requirements of the
OSH Act and regulations.
A serious violation is defined as one in which there is
substantial probability that death or serious physical harm could
result, and the employer knew or should have known of the hazard.
A repeat violation is a violation of any standard,
regulation, rule or order where, upon reinspection, a
substantially similar violation is found. To be the basis of a
repeat violation, the original citation must be final, and not
under contest.
An other-than-serious violation is a hazardous condition
that would probably not cause death or serious physical harm, but
would have a direct and immediate relationship to the safety
and/or health of employees.
Archived News Release--Caution:
information may be out of date.
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