Region 2 News Release: 12-990-NEW/BOS 2012-093
May 30, 2012
Contact: Ted Fitzgerald
Phone: 617-565-2075
Email: fitzgerald.edmund@dol.gov

US Labor Department's OSHA cites Sullivan County, NY, chicken processor
for safety and health hazards, proposes more than $67,000 in fines

ALBANY, N.Y. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited MB Consultants Ltd., doing business as Murray's Chickens, for eight alleged violations of workplace safety and health standards at the company's South Fallsburg chicken processing facility. Proposed fines total $67,600 following a November 2011 inspection by OSHA's Albany Area Office.

OSHA found deficiencies in the facility's hazardous energy control, or "lockout/tagout" program, which is designed to prevent machinery from unintentionally starting up during maintenance. These include a lack of energy control procedures and failing to train workers on the program's purpose and functions. Additionally, the company failed to adequately guard processing machinery against contact with workers and to provide workers with information and training on specific hazards involving disinfectants and other chemicals used in work areas. These conditions resulted in citations for six serious violations. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The citations carry $32,600 in proposed fines.

MB Consultants also has been issued a citation for one repeat violation because all injuries and illnesses were not properly recorded. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in November 2010. The citation carries a $33,000 fine.

"The absence of adequate machine guarding and hazardous energy control procedures exposes workers to the dangers of lacerations, amputations and crushing injuries, should they become caught in operating or unexpectedly activated machinery," said Kimberly Castillon, OSHA's area director in Albany. "Such conditions should be addressed and abated quickly and effectively."

Finally, two other-than-serious violations have been cited for failing to review illness and injury logs to ensure accuracy. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm. The citations carry carries a fine of $2,000.

"One means of preventing hazards such as these is developing and maintaining an effective illness and injury prevention program in which management and employees work together to identify and prevent hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.

MB Consultants has 15 business days from receipt of its citations and proposed penalties to comply, meet 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 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 Albany office at 518-464-4338.

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.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.