Region 6 News Release: 10-574-DAL
May 14, 2010
Contact: Elizabeth Todd
Phone: 972-850-4710

US Department of Labor's OSHA cites tortilla factory
in Dallas for alleged safety and health violations

DALLAS - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Lobo Tortilla Factory Inc. with one alleged willful, 22 alleged serious and two alleged other-than-serious violations following a safety and health inspection at the company's worksite in Dallas. Penalties total $123,200.

"In the last three years, at least seven workers have sustained injuries while performing maintenance work at this facility," said Stephen Boyd, OSHA's area director in Dallas. "This company clearly knew its responsibility under the Occupational Safety and Health Act but continued to jeopardize the safety of its workers."

OSHA's Dallas Area Office began its inspection Nov. 17, 2009, at 777 Hines Place after receiving a complaint alleging employees were being exposed to safety hazards. A willful violation has been issued for failing to protect workers from the unexpected release of energy while servicing and maintaining equipment. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health.

Serious violations include failing to protect workers from being struck by falling objects, to ensure workers were adequately protected from exposure to corrosive chemicals, to provide training in the use of a forklift truck, and to properly install and maintain electrical equipment. The health inspection has resulted in six serious violations that include failing to ensure workers were not exposed to noise levels at or above 85 decimals and to adequately protect employees from exposure to hazardous chemicals such as formaldehyde. A serious violation is one in which there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Other-than-serious violations have been cited for failing to maintain occupational injury and illness logs in 2005 and 2006. 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.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Dallas Area Office at 214-320-2400 or OSHA's toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

Lobo Tortilla Factory Inc. has 15 business days from receipt of citations to comply, request an informal conference with the OSHA area director in Dallas, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

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 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 releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.