SPECIAL NOTE: This appears to be the first case where OSHA has applied it’s new Instance-by-Instance Penalty for Willful Citations. This case involved a leg amupation while working inside a sile with the paddle conveyor still running. OSHA issued three (3) Willfuls using 1910.28(b)(6)(i) for each citation and all three (3) were willfuls.
An grain cooperative’s failure to ensure they followed required safety procedures contributed to how a 27-year-old worker suffered a partial amputation of his right leg when a paddle conveyor was left running when he and two other employees entered a soybean bin for cleaning. OSHA responded to the Aug. 15, 2022, injury and determined the company violated OSHA’s grain-handling safety and lockout/tagout regulations that require powered devices to be de-energized before workers enter bins.
OSHA found that the three (3) employees were working over three (3) unguarded holes in the bin, which were above the conveyer when the incident occurred. The company failed to place a guard or cover over the holes leading to the equipment or utilize guardrails or travel restraint systems to protect the workers from falling into the equipment.
OSHA issued four willful violations and one repeat violation, with proposed penalties of $629,946, for failing:
- To protect the three workers from falling into the sump holes.
- To deenergize equipment or use lockout/tagout methods to prevent the conveyer from operating when workers first entered the bin.
- To lockout/tagout the outside leg distributor to prevent grain from entering and engulfing the employees while they worked in the bin.
- To make sure the bin’s atmosphere was tested before the workers entered.
The grain cooperative received OSHA citations for similar violations at a different facility in 2021.
