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U.S. Department of Labor | Aug. 1, 2016
Louisville employer faces $320K in fines for serial
disregard of fall protection
ADDISON, Ill. ‒
Four months after federal safety investigators cited his employer for failing
to provide workers with fall protection
at a United Parcel Service facility in Addison, a 42-year-old employee of
Material Handling Systems/MHS Technical Services, fell 22 feet to his death at
the same site.
On July 29, 2016, the
U.S. Department of Labor’s Occupational Safety and Health Administration cited the employer for three egregious willful violations for
exposing workers to falls over 6 feet, after its investigation of the Feb. 9,
2016, fatality. OSHA also cited three repeated and three serious safety violations.
“A man is dead because this employer decided to break the law over
and over again. Before this tragedy, OSHA cited this contractor twice for
exposing workers to fall hazards, including at the same site just four months
earlier,” said Dr. David
Michaels, assistant secretary of labor of Occupational Safety and Health.
“OSHA is asking companies contracting with Material Handling Systems to take
strong steps to ensure that this employer protects its employees, and terminate
its contracts if this employer continues to violate OSHA regulations. Material
Handling Systems employer must demonstrate it can work safely and stop injuring
its employees.”
OSHA also found Material Handling Systems/MHS Technical:
– Exposed other workers to falls of up to 22 feet as they
hoisted conveyor equipment while working on raised surfaces with unprotected
sides. Failed to determine whether walking and working surfaces could
structurally support employees.
–
Allowed workers to use a combustible polyethylene tarp as
a welding curtain, which created a serious fire hazard.
OSHA cited Material Handling Systems most recently for fall
protection violations in October 2015 at the same jobsite. In 2014, OSHA cited the
company for similar violations after an employee suffered serious injuries in a
fall in Keasby, New Jersey. The employer also received fall protection
citations in 2009 in Oregon and 2012 in Florida. The company’s workers’
compensation carrier is Old Republic Insurance Company of Greensburg,
Pennsylvania.
Material Handling
Systems/MHS Technical Services removes and installs high-speed conveyor
systems. In this case, the company was working under a multi-million contract
with United Parcel Service to dismantle existing conveyor systems and install
new, high-speed conveyors at UPS’s Addison facility.
Based in Louisville,
Kentucky, Material Handling Systems/MHS Technical Services faces total proposed
penalties of $320,400. View current citations here.
Preventable falls
account for nearly 40 percent of all deaths in the construction industry. Federal safety and health
officials are determined to reduce the number of preventable, fall-related
deaths in the construction industry. OSHA offers a Stop Falls online resource with detailed information in English
and Spanish on fall protection standards. The page provides fact sheets,
posters, and videos that illustrate various fall hazards and appropriate
preventive measures. OSHA standards require that an effective form of fall
protection be in use when workers perform construction activities 6 feet or
more above the next lower level.
OSHA’s ongoing Fall Prevention
Campaign was developed in partnership with the National
Institute for Occupational Safety and Health and NIOSH’s National
Occupational Research Agenda program. Begun in
2012, the campaign provides employers with lifesaving information and educational materials
on how to prevent falls, provide the right equipment for workers and train
employees to use fall protection equipment properly.
Material Handling Systems/MHS Technical Services has 15 business days from receipt of its
citations and penalties to comply, request an informal conference with
OSHA’s area director, or contest the
findings before the independent Occupational Safety and Health Review
Commission.
To ask questions, obtain compliance assistance, file a
complaint, or report amputations, eye loss, workplace hospitalizations,
fatalities or situations posing imminent danger to workers, the public should
call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s North
Aurora office at 630-896-8700.
Under the Occupational Safety and Health Act of 1970, employers are
responsible for providing safe and healthful workplaces for their employees. OSHA’s
role is to ensure these conditions for America’s working men and women by
setting and enforcing standards, and providing training, education and
assistance. For more information, visit http://www.osha.gov.
# # #
Media Contacts:
Scott Allen, 312-353-6976, allen.scott@dol.gov
Rhonda Burke, 312-353-6976, burke.rhonda@dol.gov
Release Number: 16-1572-CHI
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