Region 9 News Release: 13-676-SAN (SF-48)
April 22, 2013
Contact: Deanne Amaden Jose A. Carnevali
Phone: 415-625-2630 415-625-2631
Email: amaden.deanne@dol.gov carnevali.jose@dol.gov

Heavy equipment rental company cited by US Labor Department's OSHA
after truck crane crushes worker

HONOLULU – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Hawthorne Pacific Corp. in Kahului, Maui, for 13 alleged serious violations and two other-than-serious violations of safety standards. The heavy equipment rental and repair company faces fines following an Oct. 23, 2012, incident in which one of its cranes fatally crushed a worker.

"Hawthorne Pacific Corp. failed in its responsibility to ensure that workers followed the manufacturer's requirements for the safe operation and maintenance of equipment," said Galen Lemke, director of OSHA's Honolulu Area Office. "This tragic accident could have easily been prevented had the employer addressed these issues."

OSHA's Honolulu Area Office inspection found that outriggers designed to stabilize the truck-mounted crane that crushed the worker were not extended, allowing it to tip, and that the company failed to properly inspect and maintain records of critical items on the crane. The industrial boom truck crane had been out of service for more than six months and had not had a complete inspection before use. The company also failed to properly tag keys for the truck crane as "do not use" because a warning indicator wasn't functioning.

The inspection also found that shop equipment and compressed gas cylinders were not properly secured or anchored, some equipment was not in good operating condition, electrical outlets were not properly protected and machines were not properly guarded to prevent amputation or other injuries. The company also failed to make eye or body wash facilities accessible in key areas where workers were exposed to corrosive liquids. 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. Proposed fines total $70,000.

The company has 15 business days from receipt of its citations and proposed penalties to comply, meet 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 Honolulu office at 808-541-2680.

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 or CD from the COAST office upon request by calling 292-693-7828 or TTY 292-693-7755.