Region 3 News Release: 12-1633-PHI (osha 12-098)
Aug. 13, 2012
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

US Labor Department's OSHA cites Birdsboro, Pa., company for exposing
workers to safety and health hazards; proposed fines total $140,000

BIRDSBORO, Pa. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited MVP Kosher Foods LLC for 21 safety and health ¿ including two repeat ¿ violations at its Birdsboro facility. OSHA has proposed $140,000 in penalties following a February inspection initiated in response to a complaint alleging the hazards.

The repeat violations, which carry $65,000 in penalties, include failing to provide the proper guards for a ladder way and platforms. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for this same violation in 2010.

"This company exposed its workers to unnecessary risk by not correcting these hazards," said Kevin Kilp, director of OSHA's Harrisburg Area Office. "All workers have the right to a safe and healthful work environment."

Fifteen serious violations, with $74,000 in penalties, include failing to provide fixed stairs where required, properly support gas cylinders, develop lockout/tagout procedures and training to prevent the inadvertent start up of a machine, guard machines, protect workers from energized conductors, use flexible cords for proper purposes, prevent employees from working on live electrical parts, provide personal protective equipment for employees working on energized equipment, maintain a written hazard communication program and train workers on hazard communications, and provide a hearing conservation program. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Also cited are four other-than-serious violations, with $1,000 in penalties, for failing to complete and post an OSHA 300 form on injuries and illnesses, conduct a hazard assessment, use equipment in accordance with listing and labeling, and effectively close openings through which conductors enter boxes. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The citations can be viewed at: http://www.osha.gov/ooc/citations/MVPKosherFoodsCitations_315887638_315888503_08072012.pdf*.

MVP Kosher Foods LLC, has 15 days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Harrisburg Area Office at 717-782-3902.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.