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OSHA News Release
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Region 3


Please note: As of January 20, 2017, information in some news releases may be out of date or not reflect current policies.

Sept. 14, 2016

Despite 40 prior violations at West Virginia sawmill, OSHA finds
27 more hazards in recent inspection; $214K in fines proposed

Employer name: Wayne Lumber and Mulch Inc.

Inspection site: 8630 Route 152, Wayne, West Virginia

Citations issued: The U.S. Department of Labor's Occupational Safety and Health Administration issued the company three willful, nine repeat, 12 serious and three other-than-serious violations on Sept. 2, 2016.

Investigation findings: On April 13, 2016, OSHA conducted an inspection as a follow up to a March 2014 inspection. Inspectors cited the employer for willful violations due to its failure to properly guard a chop saw and provide standard railing and handrails.

The agency issued repeat citations for the following violations:

  • Lack of an effective hazard communication training plan.
  • Exposing employees to electrical hazards, inadequate machine guarding, lack of a conveyor or exhaust system to remove combustible sawdust and shavings.
  • Failing to have lockout/tagout procedures in place to prevent accidental machine start-up or movement.
  • Allowing buildup of combustible materials.
  • Failing to provide leg protection.

OSHA cited Wayne Lumber and Mulch previously for the same violations in a 2014 inspection.

Inspectors also identified several serious violations, and the agency issued serious citations for:

  • Exposing workers to crushing and rollover hazards while operating machinery without manufacturer-installed seatbelts.
  • Failing to provide employees with protection from falls up to 10 feet above the ground.
  • Not providing proper eye, hand and flashback protection, and barriers and warning signs.
  • Allowing hazards in the area where mulch was stored.
  • Permitting operation of a chainsaw without a manufacturer-approved chain catch.
  • Failing to pressure test repaired acetylene and oxygen burning torches before use.
  • Allowing workers to use damaged welding cables.
  • Failing to ensure a moving vehicle was equipped with an audible warning signal.
  • Electrical equipment not used in accordance with included instructions.

In addition, the agency issued other-than-serious citations to Wayne Lumber for its failure to report an employee amputation injury to OSHA, provide educational training program for employees on firefighting and fire extinguisher use, and to place a valve protection cap on an acetylene bottle.

Quote: "By all indications, Wayne Lumber and Mulch failed to take the violations we found in 2014 seriously. The fact that many of these hazards existed again - and the addition of nearly 30 new violations - tells us this employer is willing to jeopardize the safety of its workers. In 2015, an employee suffered a fingertip amputation due to lack of machine guarding. Without taking immediate action to ensure a safe workplace, more workers could be injured or worse," said Prentice Cline, director of OSHA's Charleston Area Office.

Proposed penalties: $214,633

The citation can be viewed at: https://www.osha.gov/ooc/citations/WayneLumberandMulch_1132246.pdf

The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a 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 Charleston Area Office at 304-347-5937.

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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Media Contacts:

Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov
Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov

Release Number: 16-1856-PHI (osha 16-116)


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