Business Faces Penalties Over $1 Million in Lockout/Tagout Violations

On October 27, the Occupational Safety and Health Administration (OSHA) announced over $1.2 million in potential fines against a company for lockout/tagout violations. In short, an Ohio vinyl tile manufacturer faces $1,232,705 in proposed penalties after a worker suffered severe injuries. Subsequently, an OSHA inspection found that the April 2022 injuries resulted from a machine catching the worker. Earlier this month, OSHA cited employers over $518K in willful electrical safety violations.

A History of Lockout/Tagout Violations

Overall, this incident marks the seventh injury at the NOX US LLC plant in Fostoria, Ohio. The company reported the first injury in February 2017. Henceforth, every reported injury related to the company’s failure to follow required machine safety procedures. Since 2017, the company has also recorded at least 13 serious injuries caused by exposure to burn and amputation hazards. By and large, the employer could have avoided those injuries with a proper logout/tagout program. Consequently, OSHA placed the Fostoria plant in its Severe Violator Enforcement Program in 2017.

Most Recent Lockout/Tagout Violations

Specifically, the April 2022 inspection found that a rotating spindle on a plastic winding machine caught the injured worker’s finger. In like fashion, the worker’s body was pulled around the machine’s spindle. As a result, the worker, who was on the job just six weeks, suffered multiple severe injuries that required surgery. Accordingly, OSHA cited the company for the following:

• eight willful violations,
• one repeat violation,
• six serious violations, and
• one other-than-serious violation.

OSHA issued the willful violations after inspectors noted the company frequently exposed workers to lockout/tagout violations. These include caught-in and amputation hazards by failing to prevent them from coming into contact with operating machine parts. NOX US also failed to establish, test, and require machine lockout/tagout procedures or to train workers on hazards.

Employer’s Duty to Prevent Workplace Hazards

The Occupational Safety and Health Act of 1970 (OSH Act), which established OSHA, sets and enforces workplace safety and health standards. In doing so, it assures safe and healthful working conditions for working men and women. Notably, the OSH Act’s “General Duty Clause” requires that all employers:

1. shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
2. shall comply with occupational safety and health standards promulgated under this Act.

To comply with the OSH Act’s General Duty Clause and to avoid OSHA safety violations and costly litigation, employers should recognize and fix common workplace hazards.   To strengthen compliance with OSHA standards and proactively identify potential risks, employers should consider conducting routine safety evaluations. Using a workplace safety assessment form can help organizations document existing hazards, implement corrective actions, and maintain a safer working environment. Regular assessments not only reduce the likelihood of accidents but also demonstrate a company’s commitment to continuous safety improvement and employee well-being.