Albany Firm Fined Following Fatality

Dec. 12, 2001
A horrific incident at Yank Waste Co. Inc., of Albany, N.Y., claims the life of a worker and has led the OSHA to propose penalties totaling $64,100.

A horrific incident at Yank Waste Co. Inc., of Albany, N.Y., claimed the life of a worker and has led the Occupational Safety and Health Administration (OSHA) to propose penalties totaling $64,100.

On June 5, 2001, an employee entered a shredder to perform routine cleaning. The shredder was not deenergized and the employee was killed when another employee started the shredder. OSHA Area Director John Tomich said that the tragedy could have been averted had the company utilized lockout/tagout procedures.

Lockout/tagout procedures should be followed during maintenance or repair operations to a machine. They ensure that power sources are locked in the "off" position and clearly marked with a tag so other workers will not turn the machine on by mistake.

"There is no reason why an employer should fail to recognize such a basic hazard as lockout/tagout." Tomich said. "The standard is clear, the hazard is very real, and the unfortunate consequences in this case were tragic, in that the accident was preventable."

OSHA also cited the company for allegedly failing to provide employees with adequate training in safe energy control procedures, failing to document energy control training, unsafe stacking of materials, inadequate maintenance of powered industrial trucks, use of an unguarded portable grinder, and employee exposure to electrical hazards. OSHA issued a willful violation to the firm for its failure to use group lockout/tagout procedures. Other citations were classified as serious.

OSHA defines a willful violation as one committed with an intentional disregard for, or plain indifference to, the requirements of the OSHA Act and its regulations. A serious violation is defined as a condition that exists where there is a substantial possibility that death or serious physical harm may result.

The firm has until Dec. 21 to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

edited by Sandy Smith ([email protected])

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EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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