Judge finds All-Feed Processing & Packaging in Alpha, Ill., in contempt for
not allowing OSHA inspection; company ordered to pay nearly $42,000 in fines
All-Feed cited in 2011 for violations at Galva facility, faces significant proposed penalties
PEORIA, Ill. – Senior District Judge Joe Billy McDade of the U.S. District Court for the Central District of Illinois, Peoria Division, has found All-Feed Processing & Packaging Inc. in civil contempt of court for failing to allow the U.S. Department of Labor's Occupational Safety and Health Administration to inspect its Galva facility between May 4 and July 5, 2011. The Alpha-headquartered company has been ordered to pay $31,000 in fines for contempt and $10,964.95 in attorney's fees.
"All-Feed Processing & Packaging's continuous failure to allow proper OSHA inspections, along with its history of severe violations, led OSHA to seek court intervention to ensure its workers are safe," said Greg Baxter, OSHA's acting regional administrator in Chicago. "We are pleased that the courts have put the workers' welfare first, and upheld federal standards requiring employers to allow OSHA access to full-shift inspections to ensure work environments are healthful and safe."
McDade also determined that the company's refusal to allow subsequent inspections of its pet food research and packaging facility in Galva unless OSHA would agree to limitations on time and conditions constituted clear and convincing evidence of a deliberate attempt to evade the warrant requirements issued by the district court in May.
In November 2011, OSHA cited All-Feed for 23 safety and health violations at its facility in Galva, including willful violations of OSHA's air contaminant, respiratory protection and hearing conservation standards. Some violations were cited under OSHA's "general duty" clause, including failing to provide appropriate fire and explosion protection in locations where concentrations of combustible dust existed. All-Feed contested the proposed fines, which total $758,450.
All-Feed Processing & Packaging has been inspected by OSHA 12 times since 2000, resulting in significant enforcement actions on six occasions.
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.
OSHA vs. All-Feed Processing & Packaging Inc.
Civil Action Number: 11-MC-01054
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