Labor & Employment Law Daily Wrap Up, OSHA NEWS—Employers face $525K in penalties for machine, pressurized equipment, chemical gas, fall, other safety hazards, (Jan 23, 2025)

By Pamela Wolf, J.D.

Workers died from work-related injuries at a fertilizer manufacturer, drainpipe cleaning and maintenance company, and a construction company/provider of heavy civil and marine construction services.

In separate developments, OSHA announced its imposition of proposed fines totaling $524,968 against employers in Florida, Illinois, North Carolina, and Pennsylvania for reported machine guarding, pressurized equipment, chemical gas release, fall protection, and other health and safety violations. In one case, a worker died after falling into an unguarded ribbon blender that mixed fertilizer with coating oil. Another worker died after a drainage pipe’s pressurized plug became over-inflated, causing an explosion. In a third fatality, an equipment operator died when an amphibious excavator tipped over, trapping the worker under water.

Worker died after falling into unguarded ribbon blender. OSHA cited Mosaic Fertilizer LLC with $30,649 in proposed penalties for two serious violations after investigators determined the Mulberry, Florida, phosphatic fertilizer manufacturer failed to follow required safety standards, leading to the death of a 29-year-old process operator in July 2024. The investigation found the company did not ensure that the rotating portion of the east and west industrial ribbon blenders, which mix the finished fertilizer with a coating oil, had the proper guarding in place or secured. The worker, who was collecting a sample for analysis, suffered fatal injuries after falling into the unguarded ribbon blender.

Over-inflated drainpipe plug exploded, killing worker. After finding that Southeast Services of the Treasure Coast Inc. could have prevented an explosion at a Port Saint Lucie, Florida, worksite in June 2024 that claimed the life of a 24-year-old worker, by implementing proper safety measures to address the hazards of inflatable pipe plugs, OSHA cited the company with $16,131 in proposed penalties. In June 2024, employees of the drainpipe cleaning and maintenance company were cleaning a drainpipe. During the process, the pipe’s pressurized plug became over-inflated, causing an explosion so powerful that it ejected one worker 15 feet from the storm drain, resulting in fatal injuries, according to the agency. OSHA cited the employers for a serious violation for failing to develop and implement procedures and train workers on how to install and remove pneumatic pipe plugs safely. This failure put workers at risk of being struck by dangerous equipment.

Heavy equipment operator drowned. OSHA cited RIGID Constructors LLC with $50,703 in proposed penalties after an investigation of a 27-year-old heavy equipment operator’s drowning at a Leland, North Carolina, worksite found the Louisiana contractor could have prevented the fatal incident by following established safety regulations. A heavy equipment operator and a foreman at the construction company and provider of heavy civil and marine construction services were repositioning a pump at Cell-3 Eagle Island using an amphibious excavator. While attempting to exit the water-filled cell, the machine tipped over, trapping the equipment operator underwater. The crew and emergency responders could not revive the worker.

OSHA cited the contractor with four serious violations for failing to train workers on operating a marsh hoe and for not providing or requiring employees to use personal protective and lifesaving equipment while they worked near the water-filled excavation site. The employer also failed to provide a skiff for workers to use immediately in the event of an emergency.

Nitrogen dioxide gas release. Zep Inc., dba AFCO, faces $161,310 in proposed penalties for one repeat, nine serious, and two other-than-serious violations following OSHA’s investigation of a nitrogen dioxide gas release that sent a dozen workers to the hospital in July 2024. The release occurred when chemicals reacted during processing by AFCO employees. The company specializes in producing and distributing maintenance, cleaning and sanitation solutions.

Inspectors determined the company had taken no action to assess the impact of the release immediately and did not swiftly evacuate workers from the building as a precaution. Workers were exposed to nitrogen dioxide gas levels exceeding the chemical’s ceiling limit, resulting in 12 employees being evaluated at a local hospital, with two of them requiring hospitalization. The company also had no emergency response plan in place, and its respiratory protection and hazard communication programs failed to meet federal requirements, according to the federal agency.

Since 2022, OSHA has cited Zep for four serious violations for its failures to protect employees at its Emerson, Georgia, facility from hazardous chemicals.

Repeated fall protection violations. OSHA has again cited Corner Construction Corp., which has an extensive history of endangering workers by exposing them to fall hazards, this time with $266,175 in proposed penalties for one willful, one repeat, and one serious violations. Inspectors observed employees of the Zion, Illinois, contractor roofing a residential structure in Glencoe without required fall protections, marking the second such incident in six months and the fifth in two years. OSHA cited the company for allowing employees to work without protection at heights greater than six feet and for the unsafe use of ladders.

In February 2024, OSHA assessed the company $19,015 in penalties after citing a repeat violation for Corner Construction’s failure to provide fall protection at a Downers Grove worksite. The 2024 infractions continue a series of similar citations issued after three inspections in 2022 and 2023. Currently, Corner Construction is liable for $82,000 in unpaid OSHA penalties.

Companies: Mosaic Fertilizer LLC; Southeast Services of the Treasure Coast Inc.; RIGID Constructors LLC; Zep Inc.; AFCO; Corner Construction Corp.

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