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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information may be out of date.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 proposed penalties totaling $1,072,000 against AgriGeneral Co., LP, of
Croton, Ohio, a major egg producer, for forcing its employees to live and work
under life-threatening conditions.
AgriGeneral produces, processes and distributes eggs at
its 7,000-acre Croton facility, which has 310 employees. About 4.5 million eggs
are produced daily by the almost 10 million chickens on the farm. Doucas (Duke)
Goranites, president of the company, formerly was president of DeCoster Egg
Farms, Turner, Me., which was the subject of another major OSHA enforcement
case.
Secretary of Labor Alexis M. Herman said, "One of my top
priorities is to ensure all workers a safe and healthful workplace. The Labor
Department will not tolerate workers being treated with less than dignity and,
in fact, being put in harm's way. OSHA's high penalty against AgriGeneral
reflects the seriousness of these violations and our seriousness in correcting
a lack of regard for the workers' safety and health."
OSHA began its inspection of the Croton facility following
a referral from the Ohio Department of Health, which was concerned about the
safety and health conditions at the farm.
OSHA cited AgriGeneral for 15 alleged willful violations
with a total penalty of $1,005,000; 13 alleged serious violations with a
penalty of $66,000; and one alleged other-than-serious violation with a penalty
of $1,000.
Acting Assistant Secretary of Labor for Occupational
Safety and Health Gregory R. Watchman said, "Workers were exposed to possible
falls of 100 feet from an elevated catwalk and to unguarded machinery that may
result in amputations. They also were exposed to levels of ammonia and organic
dust that could produce respiratory irritation and disease."
In the migrant housing, OSHA found such conditions as raw
sewage as much as an inch deep in a basement; drinking water contaminated with
coliform bacteria; ungrounded electrical fixtures and wiring; no laundry
facilities; inadequate lighting; no screens on windows, allowing insect
infestation; and holes in the foundations permitting rodents, mosquitos and
other pests to harbor.
Company officials were aware of these conditions. When
OSHA began inspecting the housing, the company moved the temporary migrant
employees to a hotel. Later they were returned to the housing, but the
deficiencies went uncorrected.
The willful citations included eight instance-by-instance
violations involving exposing temporary migrant workers to fire and electrical
hazards and to unsafe and unsanitary conditions in the housing provided by
AgriGeneral, with penalties totaling $560,000.
Other willful citations were for overexposing employees to
ammonia and organic dust containing endotoxins and failure to have an effective
respirator program, $70,000; exposing employees to 100-foot fall hazards,
$70,000; exposing employees to burns and smoke inhalation because of lack of
safe exits from barns, $70,000; failure to train employees on lockout
procedures for maintaining machinery, $70,000; failure to train employees on
the hazardous chemicals in the workplace, $40,000; unguarded nip points on
belts and pulleys, pulley and cable system, or chains and gears, $70,000; and
unguarded moving machinery parts, $55,000.
The serious violations include exposing employees to fire
and explosion hazards from unapproved electrical equipment, slips or falls
while working on slippery floors, disease and dehydration due to unsanitary
conditions and lack of safe drinking water and bathroom facilities, crushing
hazards due to lack of adequate foot protection, eye injuries due to inadequate
eye protection, fire hazards due to inadequate flammable and combustible liquid
storage, electrical hazards due to ungrounded and exposed live electrical
parts, and skin lacerations and pulmonary embolisms from high-pressure
compressed air.
Other serious violations involved the bloodborne pathogens
standard, confined space hazards, hazard communication, not guarding moving
machinery parts, and not guarding the mesh or nip points of belts and pulleys,
bell cranks and shafts.
The other-than serious citation was issued for not
including all recordable injuries in the OSHA log of injuries and illnesses.
AgriGeneral and its predecessor firm, Croton Egg Farms,
have been inspected 10 times since l982 and have received citations for a
variety of violations, including machine guarding, inadequate eye protection,
lockout/tagout, and hazard communication.
AgriGeneral 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
AGRIGENERAL COMPANY, LP
CROTON, OHIO
Alleged Willful Violations
- Eight instances of exposing temporary migrant employees to fire and
electrical hazards due to ungrounded and exposed live electrical equipment in
the housing provided by the employer, a violation of Section 5(a)(1) of the
Occupational Safety and Health Act, which imposes a general duty on the
employer to provide a workplace free from known and recognized hazards that
could result in death or serious physical injury.
- Eight instances of exposing temporary migrant workers to unsafe and
unsanitary conditions in the housing provided by the employer, a violation of
the requirements for temporary labor camps. Combined total penalty,
$560,000
- Employees overexposed to ammonia and organic dust containing
endotoxins and failure to have an effective respirator program, in violation of
Section 5(a)(1). $70,000
- Employees exposed to fall hazards while working in unprotected
elevated locations, Section 5(a)(1) $70,000
- Employees exposed to burns and smoke inhalation because of lack of
safe exits from barns, Section 5(a)(1) $70,000
- Failure to train employees on the hazardous chemicals in the
workplace, in violation of hazard communication standard. $40,000
- Failure to train employees on lockout procedures (control of
hazardous energy), in violation of agricultural equipment standard. $70,000
- Failure to guard belts and pulleys, pulley and cable system or chains
and gears, in violation of agricultural equipment standard. $70,000
- Failure to guard moving machinery parts, in violation of agricultural
equipment standard. $55,000
Total penalties for alleged willful violations
$1,005,000
(Willful violations are those committed with an intentional
disregard of, or plain indifference to, the requirements of the Occupational
Safety and Health Act and regulations.)
Alleged Serious Violations
- Employees exposed to fire/explosion hazard from unapproved electrical
equipment, violation of Section 5(a)(1). $7,000
- Employees exposed to slips, trips or falls while working on slippery
floors, violation of Section 5(a)(1). $2,500
- Employees exposed to diseases and dehydration due to unsanitary
conditions and lack of safe drinking water and bathroom/hand washing
facilities, violation of Section 5(a)(1). $7,000
- Employees exposed to crushing hazards due to lack of adequate foot
protection, Section 5(a)(1). $3,500
- Employees exposed to eye injuries due to inadequate eye protection,
violation of Section 5(a)(1). $3,500
- Employees exposed to fire hazards due to inadequate storage of
flammable and combustible liquids, Section 5(a)(1). $2,500
- Employees exposed to electrical hazards due to ungrounded and exposed
live electrical parts, Section 5(a)(1). $7,000
- Employees exposed to skin lacerations and pulmonary embolisms from
high pressure compressed air, violation of Section 5(a)(1). $2,500
- Employees exposed to bloodborne pathogens, Section 5(a)(1). $7,000
- Employees exposed to confined space hazards, Section 5(a)(1). $7,000
- Failure to have material safety data sheets for all chemicals used at
the worksite, as required by hazard communication standard. $2,500
- Failure to guard moving parts of machinery, as required by
agricultural equipment standard. $7,000
- Failure to guard mesh or nip points of belts and pulleys, bell cranks
and shafts, as required by agricultural equipment standard. $7,000
Total Penalties for Alleged Serious Violations
$66,000
(A serious violation is defined as one in which there is a
substantial probability that death or serious physical harm could result, and
the employer knew or should have known of the hazard.)
Alleged Other-than-Serious Violation
- Failure to include all recordable injuries on OSHA 200 log of
injuries and illnesses. $1,000
(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.)
GRAND TOTAL OF PROPOSED PENALTIES $1,072,000
Archived News Release--Caution:
information may be out of date.
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