NOTE: I totally disagree with this ALJ decision; however, I give him much credit as I listened to the witnesses and followed the evidence he had presented. This amputation injury was a LOTO violation in my eyes, and I would have argued this case differently. But here are the facts presented to the Judge: what say you?
On the evening of January 23, 2021, one of Respondent’s employees got the tips of his fingers pinched in a plate rolling machine. This occurred when his supervisor, who was troubleshooting a power problem on the machine, activated it without ensuring the area was clear. The supervisor took the employee to the emergency room, where the employee was treated for his injuries and went home the following morning. Three days later, Respondent received a report from its insurance company indicating the employee suffered an “amputation” of his fingertips. Upon receiving the report, the Respondent called the Complainant’s injury reporting line to report the injury. In response, Complainant initiated an inspection of Respondent’s worksite and issued a Citation and Notification of Penalty, alleging multiple violations of the Occupational Safety and Health Act of 1970.
The complainant makes two (2) principal allegations:
First, the Respondent failed to implement an adequate system of lock-out/tag-out for the plate roller.
Second, the Respondent failed to report an amputation to OSHA within 24 hours.