Region 7 News Release: 10-132-KAN
Feb. 18, 2010
Contact: Rich Kulczewski
Phone: 303-844-1302

US Department of Labor's OSHA cites Endres Processing LLC of Kansas City, Kan., for violations of Occupational Safety and Health Act

KANSAS CITY, Kan. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Endres Processing LLC of Kansas City for alleged violations of the Occupational Safety and Health Act following an inspection alleging fire and explosion hazards from combustible dust. Proposed penalties total $137,250.

"There is no excuse for the lack of attention to accumulation of combustible dusts in any mill or grain elevator, especially given our nation's history of such horrific combustible dust explosions resulting in a high number of employee fatalities," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all their employees to prevent accidents from occurring."

OSHA's inspection of the Endres facility resulted in three alleged willful and four alleged serious violations. The willful violations address the inappropriate location of an air material separator that lacked explosion venting; an inadequate housekeeping program; and allowing combustible dusts to collect at depths greater than one-eighth of an inch. OSHA issues a willful violation when an employer exhibits plain indifference to, or intentional disregard for, employee safety and health.

The serious violations stem from the company's failure to have an adequate number of exit routes; the lack of a written emergency action plan; an improperly rated powered industrial truck being operated in a hazardous atmosphere; and preventative maintenance records not being maintained. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

The company is engaged in recycling inedible food products by milling them into feed for pigs and chickens.

Endres Processing has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Wichita, Kan., or contest the findings 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.