OSHA fines for Coors

[zog]

OSHA has cited MillerCoors LLC in Golden, Colo., with 10 alleged safety and health violations from two investigations involving the death of one and the injury of two workers.

OSHA launched an investigation into the company's safety and health practices following the death of an employee at the brewery Feb. 2. A second investigation opened following an accident April 9 in which two employees were injured.

Together, the investigations disclosed one alleged willful and nine alleged serious violations of the Occupational Safety and Health Act's regulations governing electrical hazards. OSHA alleges that workplace conditions contributed to two employees being burned by an electrical arc flash April 9. Furthermore, agency officials allege that inadequate safety measures were in place to protect against electrical hazards at the time of the Feb. 2 accident; however, the Jefferson County coroner's office could not determine if those conditions contributed to the final cause of death.

"Our hearts go out to the family and friends of the worker who died as well as the two injured workers," said Greg Baxter, OSHA's regional administrator in Denver. "At the time of both accidents, the company's procedures for dealing with electrical hazards were inadequate. MillerCoors needs to take the necessary steps to eliminate electrical hazards in its workplaces."

The alleged willful violation stems from the company's failure to ensure the use of appropriate electrical protective equipment when employees were working on or near energized electrical parts. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The serious violations relate to inadequate safe work practices and failure to ensure adequate personal protective equipment was available and used by employees working on or near energized equipment. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

OSHA proposes $128,500 in penalties against the company for the alleged violations.

 

[petersonra]

Is there a summary of what happened?

 

[zog]

Is there a summary of what happened?

Not until they settle it, then OSHA will post the whole thing. Wonder if they agree to a settlement in beer?

 

[pfalcon]

... investigations involving the death of one and the injury of two workers. ... however, the Jefferson County coroner's office could not determine if those conditions contributed to the final cause of death. ... OSHA proposes $128,500 in penalties against the company for the alleged violations.

Is there a summary of what happened?

Yes, from the OP. Due to the opportunity afforded by a death and two injuries, Big Government's representative called OSHA was able to levy additional taxes on Coors brewery.

That there is no substantiation yet available to tie any of the violations to the incident has not deterred OSHA from collecting its taxes and leaving. If pressured, then OSHA will reluctantly return to collect more taxes hoping it doesn't kill the goose in the process.

 

[wtucker]

Together, the investigations disclosed one alleged willful and nine alleged serious violations of the Occupational Safety and Health Act's regulations governing electrical hazards...however, the Jefferson County coroner's office could not determine if those conditions contributed to the final cause of death.

The alleged willful violation stems from the company's failure to ensure the use of appropriate electrical protective equipment when employees were working on or near energized electrical parts. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

OSHA proposes $128,500 in penalties against the company for the alleged violations.

$128,500 civil penalties. A willful violation that results in a fatality carries a criminal penalty. Maybe the U.S. Justice Dept. isn't through with this yet. Lucky for Coors the corononer couldn't establish the willful violation as the proximate cause of death. Hilda Solis and Jordan Barab are playing for keeps these days.

 

[zog]

$128,500 civil penalties. A willful violation that results in a fatality carries a criminal penalty. Maybe the U.S. Justice Dept. isn't through with this yet. Lucky for Coors the corononer couldn't establish the willful violation as the proximate cause of death. Hilda Solis and Jordan Barab are playing for keeps these days.

The death was from an earlier accident, the 2nd accident is what the penalties are for I think.

 

[pfalcon]

The death was from an earlier accident, the 2nd accident is what the penalties are for I think.

Nah, the civil penalties are for taxation. And they are about as alleged as my taxes in April. Guilty until you spend twice as much appealing the ruling.

$128,500 civil penalties. A willful violation that results in a fatality carries a criminal penalty. Maybe the U.S. Justice Dept. isn't through with this yet. Lucky for Coors the corononer couldn't establish the willful violation as the proximate cause of death. Hilda Solis and Jordan Barab are playing for keeps these days.

And the real choices if this were a real investigation would be:
1) Accident, meaning too many things happened at once to truly be avoided.
2) Stupid, meaning they did something to hurt themselves.
3) Ignorant, meaning they weren't qualified to do the job.
4) Criminal, meaning they were required to do the job under wrongful conditions.

There might be another scenario but you don't tax 1 or 2 because that's insulting the victims. You can tax 3 for gross negligence on the part of the company. You jail people in 4 for intent. But you don't do any of the above without finishing the investigation first. The money so far is nothing but taxation that doesn't promote safety at all. If it closes there then OSHA is not in the business of protecting people, just taxing companies.

 

[jim dungar]

... But you don't do any of the above without finishing the investigation first. The money so far is nothing but taxation that doesn't promote safety at all. If it closes there then OSHA is not in the business of protecting people, just taxing companies.

Maybe I am being naive, but I do not see where any dollars have actually been assessed.

OSHA has investigated and alleges there are violations, they have then gone further and proposed fines. Nothing is final until the company either agrees to the allegations or choses to have them addressed in the legal system. I do not see this as being much different than getting a traffic ticket from a police officer and then having to contest it in court.

 

[pfalcon]

Maybe I am being naive, but I do not see where any dollars have actually been assessed.

OSHA has investigated and alleges there are violations, they have then gone further and proposed fines. Nothing is final until the company either agrees to the allegations or choses to have them addressed in the legal system. I do not see this as being much different than getting a traffic ticket from a police officer and then having to contest it in court.

:grin: Great example. And exactly how many people have you seen beat a traffic ticket without hiring a friend of the judge? :grin: Guilty until you grease the corrupt wheel. Proposed is being euphemistic. You can propose to your heart's content, but when you play roulette with a semi-automatic pistol I'm still betting the first guy loses. These proposed fines approach near certainty. Just like taxes. You can appeal those too. Good luck with that.

 

[wtucker]

What's sad is that only about 6% of OSHA citations are contested--even the bogus ones.

Wait'll they pass the Protecting America's Workers Act and the maximum fines go up 71%. How 'bout a single citation for a repeated violation with a fine of $120,000? That oughta make it more cost-effective to contest the citation!

 

[pfalcon]

What's sad is that only about 6% of OSHA citations are contested--even the bogus ones.

Wait'll they pass the Protecting America's Workers Act and the maximum fines go up 71%. How 'bout a single citation for a repeated violation with a fine of $120,000? That oughta make it more cost-effective to contest the citation!

My company beat a large fine once. Then OSHA discovered additional violations totaling three times the original. If we had only left it alone ... :sigh:

 

[batch]

The company I work for had OSHA recently drop citations. There have been several instances where OSHA has caught employees working in a boom truck basket without harnesses on or more often without the lanyard attached.

On the case in point, two employees were servicing a sign. One guy used the boom to gain access to a level less than 10' above ground. He had the basket preventing him from falling. He did remove his lanyard from the basket though. The other guy climbed a 10' step ladder and leaned over the ledge to hand a piece of neon to the first guy to install.

The OSHA citations listed these as something like very serious risk to life or injury oe something to that effect. When the owner went to the meeting with OSHA the supervisor agreed that these were not serious at all and eliminated the citations.