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OSHA News Release
Region 4

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Region 4 News Release: 07-881-ATL (166)
July 5, 2007
Contact: Dan Fuqua Michael Wald
Phone: (404) 562-2078 (404) 562-2076

U.S. Labor Department's OSHA proposes $113,400 in penalties against Port Everglades, Fla., marine cargo company
Repeat and willful violations identified during two inspections following fatality

FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Florida Transportation Services of Port Everglades, Fla., for repeat, willful and serious safety violations following inspections in January and March 2007. Proposed penalties total $113,400.

In January 2007, an employee suffered a fatal injury after being struck by a powered industrial truck that was working in tandem with a second vehicle, unloading steel bars from a cargo vessel. The employee died after being crushed between one of the vehicles and a collision barrier.

OSHA's subsequent inspection found that employees operating industrial trucks were not properly trained and evaluated, and vehicles were operated while employees walked and worked near them. Repeat violations were issued to the company for allowing vehicles to be driven near employees standing in front of stationary objects and for allowing vehicles without functional horns and headlights to be operated near employees. The one serious and two repeat serious violations resulted in proposed penalties of $28,000.

The second inspection resulted in OSHA issuing four serious and two willful violations with proposed penalties of $85,400 for operating an industrial truck with a personnel platform not secured to the lifting carriage, using a personnel platform without a complete guardrail system, not providing personal flotation devices to employees near the water's edge, and not having a fall protection system for employees working on top of intermodal containers.

"OSHA has inspected this company five times in the past three years and has found serious safety violations," said Darlene Fossum, OSHA's area director in Fort Lauderdale. "The employer has failed to keep the workplace free of recognized hazards that were likely to cause death or serious physical harm."

The company has 15 working days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Fort Lauderdale Area Office, 8040 Peters Road, Building H-100, telephone (954) 424-0242.

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 assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


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