OSHA has cited a manufacturer of railroad ties, with 16 safety violations, including one willful, following the crushing death of a worker who was caught in a machine. The willful violation is failing to install guards to prevent access to the rotating and moving parts of a pre-plate boring machine used to drill holes into railroad ties. Twelve serious violations involve:
- conduct inspections of energy control procedures,
- develop lockout/tagout procedures to prevent unplanned energizing of the pre-plate machine when it was being serviced,
- mark permit-required confined spaces,
- evaluate the ability to respond to a rescue if needed
Due to the willful violation and the nature of the hazards, OSHA has placed the business in its Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law.
Citation 1 Item 1
Type of Violation: Serious
29 CFR 1910.22(c): Cover(s) and/or guardrail(s) were not provided to protect personnel from the hazards of open pits:
(a) On or about 09/14/11 – Tie Sort, openings (17″ X 12 “) in conveyor where employees could step into were not covered.
Citation 1 Item 2
Type of Violation: Serious
29 CFR 1910.146(c)(2): The employer did not inform employees of permit spaces by posting danger signs or by any other equally effective means, of the existence and location of and the danger posed by the permit spaces:
(a) On or about 09/13/11 – Facility, Permit Required Confined Spaces such as storage tanks, scrubber water tanks, vacuum fumes recovery tank, creosote treating tank, baghouse, and others, were not marked.
Citation 1 Item 3
Type of Violation: Serious
29 CFR 1910.146(k)(1)(i): An employer who designates rescue and emergency services, pursuant to paragraph (d)(9) of this section, did not evaluate a prospective rescuer’s ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified:
(a) On or about 09/13/11 – Facility, employer relying on the local fire department for rescue and emergency services did not evaluate their ability to respond to a rescue.
Citation 1 Item 4
Type of Violation: Serious 29 CFR 1910.147(c)(4)(i): Procedures were not developed, documented and utilized for the control of potentially hazardous energy when employees were engaged in activities covered by this section:
(a) On or about 09/12/11 – Switch Tie, lockout/tagout procedures were not developed and utilized for the servicing of the Kerr-McGee pre-plate machine.
Citation 1 Item 5
Type of Violation: Serious
29 CFR 1910.147(c)(6)(i): The employer did not conduct a periodic inspection of the energy control procedure at least annually to ensure that the procedure and the requirement of this standard were being followed:
(a) On or about 09/12/11 – Facility, periodic inspections of the energy control procedures were not conducted for machines such as, but not limited to, the Tie Sorters, Saws, Boilers, and Treating Cylinders.
Citation 1 Item 6
Type of Violation: Serious
29 CFR 1910.212(a)(1): Machine guarding was not provided to protect operator(s) and other employees from hazard(s) created by rotating parts:
(a) On or about 09/14/11 – Tie Sort, Incline Conveyor, the “dog chain” and gear were not guarded.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury resulting from an accident.
Citation 1 Item 7a
Type of Violation: Serious
29 CFR 1910.219(c)(2)(i): Exposed part(s) of horizontal shafting were not protected by stationary casing(s) enclosing shafting completely or by trough(s) enclosing sides and top or sides and bottom of shafting: (a) On or about 09/14/11 – Tie Sort, rotating shaft for the scoring saw was not guarded.
Citation 1 Item 7b
Type of Violation: Serious 29 CFR 1910.219(c)(4)(i): Unguarded projecting shaft end(s) did not present a smooth edge and end, and projected more than one half the diameter of the shaft:
(a) On or about 09/14/11 – Tie Sort, Score Saw, projecting shaft end was not reduced to less than half the diameter of the shaft.
Citation 1 Item 8
Type of Violation: Serious
29 CFR 1910.242 (b): Compressed air was used for cleaning purposes where it was not reduced to less than 30 p.s.i. and without effective chip guarding and personal protective equipment:
(a) On or about 09/12/11 – Kerr-McGee Pre-Plate Boring Machine, compressed air used to clean up chips was not reduced to less than 30 psi.
(b) On or about 09/12/11 – Saw Deck at Tie Sort area, compressed air used to clean themselves and saw parts was not reduced to less than 30 psi.
Citation 1 Item 9
Type of Violation: Serious
29 CFR 1910.265(c)(4)(iv): Elevated platform(s), more than 6 feet from floor level, were not provided with both a standard railing and a toe board:
(a) On or about 09/12/11 – Saw Deck, Tie Sort, platform was not provided with standard railing exposing employees to a 9-foot fall.
Citation 1 Item 10
Type of Violation: Serious 29 CFR 1910.305(b)(2)(i): Pull boxes, junction boxes, and fittings were not provided with covers approved for the purpose:
(a) On or about 09/20/11 – Switch Tie Office, a receptacle used for heater did not have a cover plate.
Citation 1 Item 11
Type of Violation: Serious
29 CFR 1910.305(e)(1): Cabinets, cutout boxes, fittings, boxes, and panelboard enclosures in wet locations were not weatherproof:
(a) On or about 9/14/11 – Treatment Plant, general purpose wiring, breaker panel boxes, disconnect switches, and receptacles were not approved for wet locations.
Citation 1 Item 12
Type of Violation: Serious
29 CFR 1910.305(g)(2)(iii): Flexible cords were not connected to devices and fittings so that strain relief is provided which will prevent pull from being directly transmitted to joints or terminal screws:
(a) On or about 09/13/11 – Treatment Plant near Effluent Tanks, cord used to power two fans did not have strain relief.
(b) On or about 09/13/11 – Treatment Plant near Creosote Treating Retort, cord used for sump pump did not have strain relief.
(c) On or about 09/13/11 – Kerr-McGee Pre-Plate Boring Machine, a cord on the side of the machine did not have strain relief.
(d) On or about 09/13/11 – Switch Tie Office, the cord for the AC unit did not have strain relief.
(e) On or about 09/13/11 – Incising machine, the broken conduit caused the inner wires to have no strain relief with damaged conductors.
The alleged violations below have been grouped because they involve similar or related hazards that may increase the potential for injury resulting from an accident.
Citation 2 Item 1a
Type of Violation: Willful
29 CFR 1910.212(a)(1): Machine guarding was not provided to protect operator(s) and other employees from hazard(s) created by rotating parts and moving parts:
(a) On or about 09/12/11 – Switch Tie, Boring Machine, Kerr-McGee Pre-Plate Machine, guards were not installed to prevent access to the rotating and moving parts within the machine.
Citation 2 Item 1b
Type of Violation: Willful
29 CFR 1910.219(d)(1): Pulley(s) with part(s) seven feet or less from the floor or work platform were not guarded in accordance with the requirements specified at 29 CFR 1910.219(m) & (o):
(a) On or about 09/12/11 – Switch Tie, Kerr-McGee Pre-Plate Boring Machine, drive pulleys were not guarded.
Citation 2 Item 1c
Type of Violation: Willful
29 CFR 1910.219(e)(l)(i): Horizontal belts which had both runs seven feet or less from the floor level were not guarded with a guard that extended to at least fifteen inches above the belt:
(a) On or about 09/12/11 – Switch Tie, Kerr-McGee Pre-Plate Boring Machine, drive belts were not guarded.
Citation 3 Item 1
Type of Violation: Other
29 CFR 1910.37(b)(2): Each exit was not clearly visible and marked by a sign reading “EXIT”:
(a) On or about 09/13/11 – Treatment Plant, three doors designated as exits in the floor plan were not marked.
Citation 3 Item 2
Type of Violation: Other
29 CFR 1910.303(b)(7)(iv): There shall be no damaged parts that may adversely affect safe operation or mechanical strength of the equipment, such as parts that are broken, bent, cut, or deteriorated by corrosion, chemical action or overheating:
(a) On or about 09/13/11 – Tie Sort Area, three cords used to power photo switches were damaged and not replaced.
(b) On or about 09/13/11 – Tie Sort Area, Tie Incising Machine, cord supplying power to the upper motor was damaged and not replaced.
Citation 3 Item 3
Type of Violation: Other
29 CFR 1910.305(g)(1)(iv): Flexible cords and cables were used for purposes prohibited by subparagraphs (A) through (F) of this paragraph:
(a) On or about 09/14/11 – Tie Sort Area, flexible cord was ran through the wall and was attached to the building.
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