As a small or midsize business owner, it is crucial to be aware of and comply with employment laws to ensure the safety and well-being of your employees. Failure to do so can result in severe consequences, both financially and legally.
A recent incident at a pizza manufacturing plant in Illinois serves as a stark reminder of the penalties that can be imposed for violating employment laws. The tragic death of a 29-year-old sanitation worker has led to a series of investigations, uncovering safety failures and lack of training within the company.
The Incident and Findings
In December 2022, a federal investigation conducted by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) revealed that the sanitation worker lost her life due to improper machine safety procedures at a pizza company’s sheeting facility.
The investigation discovered that the worker, provided by a staffing company, was using compressed air to clean a spiral conveyor when her head became caught in the machinery. Temporary workers had not been adequately trained or given the authority to stop equipment before performing cleaning tasks.
Previous Incidents and OSHA Penalties
This tragic incident was not an isolated occurrence. In November 2022, another incident at the same facility resulted in a worker’s amputation during maintenance on a sauce depositor, leading OSHA to assess the pizza company $290,191 in proposed penalties. Furthermore, in October 2021, an employee suffered an amputation of a fingertip while attempting to clear a jammed pizza conveyor.
In response to the December incident, OSHA cited the pizza company for 16 willful egregious violations, one willful violation, and 12 serious violations, resulting in a total of $2,812,658 in penalties. The company has also been placed in OSHA’s Severe Violator Enforcement Program.
Identified Failures and Hazards
OSHA inspectors identified several failures and hazards during their investigations, including deficient lockout/tagout procedures, inadequate machine guards, exposure to fall and electrical hazards, lack of proper personal protective equipment, and failure to provide appropriate eye protection.
These violations highlight the company’s failure to establish and implement safety procedures and adequately protect its employees from known risks.
Contractor Responsibility
A contractor providing sanitation services to the pizza company, was also issued citations by OSHA. The contractor faced penalties for failing to follow lockout procedures during equipment cleaning, inadequate training on safety procedures, and insufficient provision of necessary hardware and information regarding hazardous chemicals. OSHA proposed penalties totaling $334,839 for the contractor.
Importance of Safety Programs
OSHA Regional Administrator Bill Donovan emphasized the importance of OSHA’s regional emphasis program for the food manufacturing industry. Such programs address common hazards found in facilities like the pizza company and educate employers about safety standards that can prevent similar tragedies.
Implementing comprehensive safety programs, including proper training, hazard identification, and compliance with OSHA standards, is vital to protecting employees and avoiding legal repercussions.
Conclusion
The devastating incident at the pizza company serves as a wake-up call for small and midsize business owners in all industries. Employers must prioritize the safety and well-being of their workers by complying with employment laws, providing comprehensive training, implementing safety procedures, and maintaining appropriate machinery safeguards.
Breaking employment laws can lead to significant penalties, both in terms of monetary fines and damage to a company’s reputation. By investing in employee safety and adhering to established regulations, businesses can protect their workforce and foster a positive and compliant work environment.
Connect with an HR expert at Asure and learn how we keep your business compliant with federal, state, and local employment laws.