Region 7 News Release: 09-915-KAN
August 12, 2009
Contact: Jeremy Eggers
Phone: 303-844-1299

U.S. Department of Labor's OSHA cites Wynne Transport Service Inc. of Omaha, Neb., following fatality at worksite near Endicott, Neb.

OMAHA, Neb. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Wynne Transport Service Inc. of Omaha, Neb., for alleged violations of the Occupational Safety and Health (OSH) Act.

OSHA cited the company following an investigation into a fatal accident June 12 near Endicott, Neb., where an employee was preparing to pump a load of liquid asphalt for road construction from one parked truck to another. The employee was killed when one of the trucks unexpectedly rolled into the other, pinning the employee between the two trucks.

"This workplace accident was senseless and completely preventable," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "Employers must ensure they provide the necessary equipment and training for their workers to prevent accidents like this from occurring."

OSHA inspectors found one alleged serious and one alleged other-than-serious violation of the OSH Act.

The serious violation is for failing to set the vehicle's parking brake and chock the wheels. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

The other-than-serious violation relates to the employer's failure to report the accident within eight hours. OSHA issues other-than-serious citations when the violation is directly related to safety and health but unlikely to cause death or serious physical harm.

The violations carry $9,100 in proposed penalties against the company.

Wynne Transport Service has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Omaha, or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

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