News Release USDL: 97-289
Monday, August 18, 1997
Contact: Susan Fleming (202)219-8151
OSHA Proposes $1 Million In Fines Against Ohio
Egg Processor Safety And Health Violations At Work
And In Housing Cited
The Occupational Safety and Health Administration
(OSHA) today proposed penalties totaling $1,072,000
against AgriGeneral Co., LP, of Croton, Ohio, a
major egg producer, for forcing its employees
to live and work under life-threatening conditions.
AgriGeneral produces, processes and distributes
eggs at its 7,000-acre Croton facility, which has
310 employees. About 4.5 million eggs are produced
daily by the almost 10 million chickens on the
farm. Doucas (Duke) Goranites, president of the
company, formerly was president of DeCoster Egg
Farms, Turner, Me., which was the subject of
another major OSHA enforcement case.
Secretary of Labor Alexis M. Herman said, "One
of my top priorities is to ensure all workers a
safe and healthful workplace. The Labor Department
will not tolerate workers being treated with less
than dignity and, in fact, being put in harm's way.
OSHA's high penalty against AgriGeneral reflects
the seriousness of these violations and our
seriousness in correcting a lack of regard
for the workers' safety and health."
OSHA began its inspection of the Croton
facility following a referral from the Ohio
Department of Health, which was concerned
about the safety and health conditions at
the farm.
OSHA cited AgriGeneral for 15 alleged willful
violations with a total penalty of $1,005,000;
13 alleged serious violations with a penalty
of $66,000; and one alleged other-than-serious
violation with a penalty of $1,000.
Acting Assistant Secretary of Labor for
Occupational Safety and Health Gregory R.
Watchman said, "Workers were exposed to
possible falls of 100 feet from an elevated
catwalk and to unguarded machinery that may
result in amputations. They also were exposed
to levels of ammonia and organic dust that
could produce respiratory irritation and disease."
In the migrant housing, OSHA found such conditions as
raw sewage as much as an inch deep in a basement;
drinking water contaminated with coliform bacteria;
ungrounded electrical fixtures and wiring; no laundry
facilities; inadequate lighting; no screens on windows,
allowing insect infestation; and holes in the foundations permitting
rodents, mosquitos and other pests to harbor.
Company officials were aware of these conditions.
When OSHA began inspecting the housing, the
company moved the temporary migrant employees
to a hotel. Later they were returned to the
housing, but the deficiencies went uncorrected.
The willful citations included eight
instance-by-instance violations involving
exposing temporary migrant workers to fire
and electrical hazards and to unsafe and
unsanitary conditions in the housing provided
by AgriGeneral, with penalties totaling $560,000.
Other willful citations were for overexposing
employees to ammonia and organic dust containing
endotoxins and failure to have an effective
respirator program, $70,000; exposing employees
to 100-foot fall hazards, $70,000; exposing
employees to burns and smoke inhalation because
of lack of safe exits from barns, $70,000;
failure to train employees on lockout procedures
for maintaining machinery, $70,000; failure to
train employees on the hazardous chemicals in
the workplace, $40,000; unguarded nip points on
belts and pulleys, pulley and cable system, or
chains and gears, $70,000; and unguarded moving
machinery parts, $55,000.
The serious violations include exposing employees
to fire and explosion hazards from unapproved
electrical equipment, slips or falls while working
on slippery floors, disease and dehydration due
to unsanitary conditions and lack of safe drinking
water and bathroom facilities, crushing hazards
due to lack of adequate foot protection, eye
injuries due to inadequate eye protection, fire
hazards due to inadequate flammable and
combustible liquid storage, electrical hazards
due to ungrounded and exposed live electrical
parts, and skin lacerations and pulmonary
embolisms from high-pressure compressed air.
Other serious violations involved the bloodborne
pathogens standard, confined space hazards, hazard
communication, not guarding moving machinery parts, and not
guarding the mesh or nip points of belts
and pulleys, bell cranks and shafts.
The other-than serious citation was issued
for not including all recordable injuries
in the OSHA log of injuries and illnesses.
AgriGeneral and its predecessor firm, Croton
Egg Farms, have been inspected 10 times since
l982 and have received citations for a variety
of violations, including machine guarding,
inadequate eye protection, lockout/tagout,
and hazard communication.
AgriGeneral has 15 working days to contest
the citations and proposed penalties before
the independent Occupational Safety and Health
Review Commission.
SUMMARY OF CITATIONS AND PROPOSED PENALTIES
AGRIGENERAL COMPANY, LP
CROTON, OHIO
Alleged Willful Violations
Eight instances of exposing temporary
migrant employees to fire and electrical hazards
due to ungrounded and exposed live electrical
equipment in the housing provided by the employer,
a violation of Section 5(a)(1) of the Occupational
Safety and Health Act, which imposes a general duty
on the employer to provide a workplace free from
known and recognized hazards that could result
in death or serious physical injury. Eight instances of exposing temporary
migrant workers to unsafe and unsanitary
conditions in the housing provided by the
employer, a violation of the requirements for
temporary labor camps. Combined total penalty, $560,000 Employees overexposed to ammonia and
organic dust containing endotoxins and failure
to have an effective respirator program, in
violation of Section 5(a)(1). $70,000 Employees exposed to fall hazards while
working in unprotected elevated locations,
Section 5(a)(1) $70,000 Employees exposed to burns and smoke
inhalation because of lack of safe exits from barns,
Section 5(a)(1) $70,000 Failure to train employees on the hazardous
chemicals in the workplace, in violation of hazard
communication standard. $40,000 Failure to train employees on lockout procedures
(control of hazardous energy), in violation of
agricultural equipment standard. $70,000 Failure to guard belts and pulleys, pulley
and cable system or chains and gears, in
violation of agricultural equipment standard.
$70,000 Failure to guard moving machinery parts,
in violation of agricultural equipment standard.
$55,000
Total penalties for alleged willful violations =
$1,005,000
(Willful violations are those committed with
an intentional disregard of, or plain
indifference to, the requirements of the
Occupational Safety and Health Act and
regulations.)
Alleged Serious Violations
Employees exposed to fire/explosion hazard
from unapproved electrical equipment, violation
of Section 5(a)(1). $7,000 Employees exposed to slips, trips or
falls while working on slippery floors,
violation of Section 5(a)(1). $2,500 Employees exposed to diseases and
dehydration due to unsanitary conditions
and lack of safe drinking water and
bathroom/hand washing facilities, violation
of Section 5(a)(1). $7,000 Employees exposed to crushing hazards
due to lack of adequate foot protection,
Section 5(a)(1). $3,500 Employees exposed to eye injuries due
to inadequate eye protection, violation of
Section 5(a)(1). $3,500 Employees exposed to fire hazards due to
inadequate storage of flammable and combustible
liquids, Section 5(a)(1). .$2,500 Employees exposed to electrical hazards
due to ungrounded and exposed live electrical
parts, Section 5(a)(1). $7,000 Employees exposed to skin lacerations and
pulmonary embolisms from high pressure compressed air,
violation of Section 5(a)(1). $2,500 Employees exposed to bloodborne pathogens,
Section 5(a)(1). $7,000 Employees exposed to confined space hazards,
Section 5(a)(1). $7,000 Failure to have material safety data sheets
for all chemicals used at the worksite, as
required by hazard communication standard.
$2,500 Failure to guard moving parts of machinery,
as required by agricultural equipment standard.
$7,000 Failure to guard mesh or nip points of belts
and pulleys, bell cranks and shafts, as required
by agricultural equipment standard. $7,000
Total Penalties for Alleged Serious Violations =
$66,000
(A serious violation is defined as one in which
there is a substantial probability that death or
serious physical harm could
result, and the employer knew or should have
known of the hazard.)
Alleged Other-than-Serious Violation
(An other-than-serious violation is a hazardous
condition that would probably not cause death or
serious physical harm, but would have a direct
and immediate relationship to the safety and/or
health of employees.)
GRAND TOTAL OF PROPOSED PENALTIES = $1,072,000
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