OSHA Fines Reach $2.25 million from July to September 2020

​Federal OSHA fines from July to September 2020 exceeded $2.2 million. OSHA inspections resulted in just nine significant fines (over $100,000) in that period. Fines ranged from $137,000 for whistleblower violations by a Florida motor carrier to mearly $500,000 for fatal confined space hazards at a Texas rail company.

In comparison, this total amount is less than one-third of the $6.2 million in fines issued from April to June of this year. However, OSHA has already issued coronavirus-related citations totaling $309,023 in the first week of October. Here are details on the highest OSHA fines proposed from July to September 2020. Many are still pending final decisions.

$1,222,156 in Coronavirus violations this year

OSHA has announced more than $1.2 million in Coronavirus-related fines to 62 establishments since the pandemic started. From October 1 to 8, 23 additional employers received coronavirus-related citations totaling $309,023. See details on all COVID citations here.

$497,920 for fatal confined space hazards at a Texas rail company

OSHA cited Alpha Technical Services (ATS) – doing business as Quala Rail and Specialty in Pasadena, Texas – for exposing employees to confined space hazards after two employees were fatally overcome by fumes while cleaning a tank trailer. Investigators determined that one employee became unresponsive after entering the trailer’s confined space. After a non-entry retrieval system used to rescue the worker failed, several employees entered the tank in an attempted rescue when a second employee became unresponsive. OSHA cited ATS for a willful and two repeat violations for confined space hazards, including failing to conduct appropriate tests to ensure atmospheric conditions were safe for entry. View the citations here.

$464,750 for exit and storage hazards at 200 Northeast U.S. Target stores

The Department of Labor has executed a region-wide corporate settlement agreement with Target Corp. to correct exit access and storage hazards and enhance worker safety at about 200 of the retailer’s stores in Connecticut, Massachusetts, New Jersey and New York. Between May and December 2019, OSHA cited eight Target locations for numerous violations involving blocked or obstructed access to emergency exits and fire exit routes and/or unsafe storage of materials in stores’ back rooms and storage areas. Target initially contested the citations but has agreed to pay penalties and implement enhanced actions to abate and prevent egress and storage safety issues at all Target stores in the four states over the next two years. Read more.

$220,000 in whistleblower damages at a Southern California Trucking Company

OSHA ordered JHOS Logistics and Transportation Inc. to reinstate an employee terminated for refusing to drive what the employee reasonably believed to be an overweight vehicle at the company’s Wilmington, California facility. OSHA also ordered the company to pay more than $190,000 in back wages, $25,000 in punitive damages, $5,000 in compensatory damages and attorney’s fees. Investigators determined the company violated the whistleblower provision of the Surface Transportation Assistance Act (STAA) when the company terminated the employee. Read more.

$218,192 for a fatal struck-by hazards at an Alabama lumber and flooring manufacturer

Miller & Co. Inc. was cited for failing to protect employees from struck-by hazards after a worker was fatally injured at the company’s Selma, Alabama, facility. The employee was fatally struck by a piece of wood while attempting to clear a jammed machine. OSHA cited the company for failing to lockout equipment prior to beginning maintenance, ensure machines were properly guarded and train employees on lockout/tagout procedures. Miller & Co. had developed an alternative energy control procedure, but failed to implement it. Learn more.

$200,000 for repeat and serious machine guard violations at a New York fabric manufacturer

After an OSHA investigation, U.S. Nonwovens Corp. based in Long Island, New York will address and correct hazards at their five manufacturing facilities in New York, and pay $200,000 in penalties to resolve safety violations. In July 2019, OSHA cited the company for repeat and serious violations after an employee suffered a hand amputation in a fabric-softener sheet-cutting machine. Violations included lack of machine guards, and failing to store materials securely, repair damaged storage racks, and train and evaluate forklift operators on safely operating equipment. The agency also cited the company for potential fire and smoke inhalation hazards due to obstructed exit routes, an inoperable exit door, and failing to report an amputation to OSHA. See details.

$197,000 in fines and back wages for whistleblower violations by a Florida-based railroad

CSX Transportation Inc. – headquartered in Jacksonville, Florida – was ordered to reinstate and pay more than $95,000 in back wages to an employee terminated for reporting an unsafe customer gate and an on-the-job injury. OSHA also ordered the rail-based freight transportation company to pay the employee $75,000 in punitive damages, $27,000 in compensatory damages, and attorney’s fees. An OSHA investigation determined the company violated the whistleblower provision of the Federal Railroad Safety Act (FRSA) when it issued the employee a charge letter and subjected the employee to an investigative hearing that led to the employee’s termination. Read details.

$166,265 Judgement for false abatement claims by a New York manufacturer

An administrative law judge has upheld OSHA citations and penalties against Timberline Hardwood Floors LLC, after the company falsely claimed to have corrected previously cited hazards. In 2012, OSHA issued citations for failing to train forklift operators adequately, and develop and implement lockout/tagout, hearing conservation and chemical hazard communication programs. The company signed abatement certifications declaring the violations were corrected. In 2018, an OSHA inspection found the company had not corrected the violations and the abatement claim was false. Learn more.

$148,430 for fall hazards at an Ohio roofer

OSHA cited Jerry Turnbaugh – a roofing contractor based in Dublin, Ohio – for exposing employees to falls at three separate residential home sites. OSHA opened all three inspections under the local emphasis program for falls. On May 7, 2020, inspectors observed employees working on a residential roof without adequate fall protection. OSHA cited the company for failing to provide appropriate fall protection, train employees to recognize and minimize fall hazards, and develop safety programs. Review the citations.

$137,000 for whistleblower violations by a Florida motor carrier

OSHA has ordered U.S. Corrections LLC – headquartered in Melbourne, Florida – to reinstate an employee who was terminated for reporting personal and commercial motor vehicle safety concerns. OSHA also ordered the company to pay more than $70,000 in back wages, $30,000 in punitive damages, $7,341 in compensatory damages, $30,000 in emotional distress damages and reasonable attorney’s fees. Investigators determined the company violated the whistleblower provisions of the Surface Transportation Assistance Act (STAA) when it terminated the employee who reported to company managers that a co-driver threatened the employee’s personal safety. The employee also reported that the co-driver violated U.S. Department of Transportation regulations, including driving in excess of posted speed limits, hours-of-service worked and keeping inaccurate driving logs. Read more.