Region 8 News Release: 11-1802-DEN (11-283)
Dec. 30, 2011
Contact: Michael Shimizu or Deanne Amaden
Phone: 206-757-6730 415-625-2630
Email: shimizu.michael@dol.gov amaden.deanne@dol.gov

US Department of Labor's OSHA fines LaBolt, SD, Farmers grain company
more than $95,000 for exposing workers to unsafe working conditions

BISMARCK, N.D. – The U.S. Department of Labor's Occupational Safety and Health Administration has issued LaBolt Farmers Grain Company, Inc. in LaBolt, S.D., 13 citations for exposing workers to unsafe conditions at its grain handling facility where a worker was caught in a moving bin sweep auger and suffered severe injuries to his leg and arm. Proposed penalties total $95,920.

"Despite awareness of the hazardous nature of grain bin entries and of the means and methods to prevent such hazards, the employer failed to develop and enforce recognized safe work practices," said Tom Deutscher, OSHA's area director in Bismarck.

OSHA issued LaBolt four willful, six repeat and three serious citations. The willful citations address the alleged failure of the employer to develop and implement a written confined space program, ensure all equipment that presents a danger is neutralized, complete confined space and grain bin entry permits, and provide a competent person as an entrance observer. 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.

The six repeat citations address the alleged failure to effectively guard floor openings, pulleys and vertical belts; control fugitive grain dust accumulations; develop a written housekeeping program; and utilize approved electrical equipment. A repeat violation is when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in February 2008.

The alleged serious violations address the failure to provide effective training for workers entering confined spaces and grain bins, provide training for employees assigned special tasks and perform atmospheric testing. A serious violation is 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.

OSHA has fined grain operators in Wisconsin, Illinois, Colorado, North Dakota, South Dakota, Ohio and Nebraska following preventable fatalities and injuries. In addition to enforcement actions and training, Assistant Secretary of Labor for OSHA Dr. David Michaels sent a notification letter in August 2010 and another in February 2011 to grain elevator operators on their responsibility of proper safety precautions. For a copy of the letter, visit http://www.osha.gov/asst-sec/Grain-Letter-2-1-2011.html.

LaBolt has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings 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 Bismarck Area Office at 701-250-4521.

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.