Region 5 News Release: 11-1790-CHI
Dec. 29, 2011
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA proposes $288,000 in fines to Case Farms
Chicken for 61 violations at Winesburg, Ohio, processing facility

WINESBURG, Ohio – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Case Farms Processing Inc., which operates Case Farms Chicken in Winesburg, for 61 safety and health violations. Violations related to OSHA's process safety management standards allegedly resulted in an ammonia release at the facility on June 30. Proposed fines total $288,000.

"Case Farms Chicken has a legal responsibility to follow established process safety management standards to ensure its workers are properly protected from known workplace safety and health hazards," said Deb Zubaty, OSHA's area director in Columbus. "Failing to ensure protection through appropriate equipment maintenance, training and adherence to OSHA regulations demonstrates a lack of regard for employees' well-being. OSHA is committed to protecting workers, especially when employers fail to do so."

OSHA's safety and health inspections were initiated under the agency's Site-Specific Targeting Program, which focuses enforcement efforts on work sites where the highest rate of injuries and illnesses occur.

Of 26 serious health violations, 19 relate to process safety management standards designed to reduce workers' exposure to hazardous chemicals. Areas of deficiency include process safety information, process hazard analysis, operating procedures, employee training, mechanical integrity, management of change, incident investigation and response to compliance audits. OSHA's standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals. Additional information is available online at http://www.osha.gov/SLTC/processsafetymanagement/index.html.

The process safety management citations along with those for failing to implement appropriate emergency operations are in reference to Case Farms' inadequate response to an ammonia leak, which coincidentally occurred on the morning OSHA, opened its routine inspection. No injuries or illnesses have yet been reported as a result of the ammonia leak.

Of 30 serious safety violations, seven involve failing to provide machine guarding and 16 involve electrical safety standards including unsafe electrical practices that could have resulted in fire, electric shock or arc flash. The remainder involve failing to provide personal protective equipment to guard workers from falls and electrical hazards, allowing workers to walk on working surfaces without proper protection, and failing to implement and train workers in the use of lockout/tagout procedures to control hazardous energy sources. 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.

Five other-than-serious health and safety citations address an additional lockout/tagout deficiency, as well as a failure to document process safety required tests and incident investigations, record respirator fit tests and provide refresher training to designated first aid providers. 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/CaseFarmsProcessingInc-77252-1227-11.pdf* http://www.osha.gov/ooc/citations/CaseFarmsProcessingInc-77245-1227-11.pdf*

Case Farms Processing, headquartered in Morganton, N.C., employs about 475 workers at its Winesburg facility and approximately 2,450 corporatewide. The company also has facilities in Strasburg and Massilion, Ohio, as well as Dudley, Goldsboro, Mt. Olive, Shelby and Troutman, N.C.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings 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 Columbus office at 614-469-5582.

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 and 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, 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.