Region 5 News Release: 13-1076-CHI
June 13, 2013
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Labor Department's OSHA fines Wisconsin's Gilman Cheese Corp. $126,700
after worker suffers amputation by unguarded machine

GILMAN, Wis. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Gilman Cheese Corp. for 10 safety violations totaling $126,700 in proposed fines. A worker had two fingers amputated by an unguarded cheese packing and labeling machine at the Gilman factory. A January inspection was prompted by a referral. OSHA found that another worker suffered a similar amputation in January 2012.

"This tragedy could have been prevented if Gilman Cheese Corp. ensured adequate machine guarding and lockout/tagout procedures," said Mark Hysell, OSHA's area director in Eau Claire. "Too often, compromised safety procedures have tragic consequences. OSHA is committed to protecting workers on the job."

Two willful violations involve failing to develop and train workers on machine-specific lockout procedures to prevent unexpected start-up and lockout machinery during servicing and maintenance, and to provide adequate machine guarding. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Additionally, six serious violations involve inadequate guarding on a bench grinder and a portable grinder; lack of adequate emergency eyewash stations for workers handling corrosives; operating powered industrial vehicles without adequate training and inspections; using a flexible cord as permanent wiring; lack of an electrical safety program; and failing to provide training on bloodborne pathogens to those who cleaned equipment following the amputation. 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.

Two other-than-serious violations include obstructing a means of egress and using compressed air greater than 30 pounds per square inch for cleaning. 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.

Because of the hazards and the willful violations cited, Gilman Cheese Corp. has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Under the program, OSHA may inspect any of the employer's facilities or job sites. For more information, visit http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=4503.

The current citations may be viewed at http://www.osha.gov/ooc/citations/Gilman_Cheese_Corp_829801_06-07-13.pdf*. The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties 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 Eau Claire Office at 715-832-9019.

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, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.