The U.S. Department of Labor (DOL) has reached a settlement agreement with a bottling company after an inspection by the Occupational Safety and Health Administration (OSHA) found the company exposed employees to amputation and other serious injuries.
After Agreement with DOL Company Includes Formation of Joint Employee-Management Safety Committee
The settlement with DOL before the independent Occupational Safety and Health Review Commission required the bottling company to pay $132,000 in penalties, abate the safety failures found in OSHA’s investigation, and implement a comprehensive safety and health program to protect workers moving forward. An independent federal agency, OSHRC decides contested citations or penalties OSHA issues to employers after workplace inspections.
The agreement to enhance its safety culture requires the bottling company to:
- Develop a written, comprehensive safety and health program.
- Allow a warrantless inspection of the facility, to be completed within the next 12 months.
- Form a safety and health committee between management and employees.
- Provide heat stress training to its employees.
The bottling company’s “agreement to boost its workplace safety protocols will help protect employees and put workers on an equal footing thanks to their inclusion in a new safety and health committee,” explained OSHA Regional Administrator James Wulff. “OSHA will closely monitor the terms of this settlement agreement and provide any assistance needed or required to ensure compliance.”
“Empowering workers to take action on workplace safety is critically important,” said Regional Solicitor Marc Pilotin in California. “The creation of a joint employee-management safety committee to improve this company’s safety culture will be crucial to prevent avoidable injuries or calamities.”
Repeat Violations Will Not Be Overlooked
The settlement follows an OSHA inspection in October 2022 that determined the employer exposed workers to amputation and other serious injuries by leaving the machines’ guard doors open and permitting a safety proximity switch to be deactivated. The agency found the company failed to protect workers from operating machine parts and proposed penalties totaling $180,807 for one willful violation, one repeat violation, and six serious violations.
Small and midsize business owners should be vigilant about adhering to employment laws to avoid penalties and protect their employees’ safety and well-being. Violations can result in significant financial consequences and damage to the company’s reputation. Implementing comprehensive safety programs and fostering a culture of compliance are essential steps in maintaining a safe workplace environment.