UNITED STATES
DEPARTMENT OF LABOR

On January 11, 2007, Employee #1, a cook, was working the night shift at a restaurant. In addition to preparing food, the night shift cooks were responsible for cleaning up and closing the restaurant. Cleanup procedures included the filtering of oil from a deep fryer machine, and cleaning all equipment used to include the fryer, the grill and the hood's filters. The fryer, manufactured by FRYMASTER, Model Number MJH50, Serial Number 0209IA0002, had been purchased approximately three years prior and did not have a lid. At approximately 11:00 p.m. Employee #1 began carrying out the restaurant's cleanup and closing procedures. After filtering the hot oil from the deep fryer by using a portable filter, he turned the deep fryer back on to make fried chicken for his Supervisor. He then proceeded to clean the grill and the hood's filters. About 25 minutes later, he finished cleaning the equipment and began installing the freshly washed filters back inside the hood. As he was kneeling on the grill next to the fryer to reach the location for the filters to be installed, which was directly above the uncovered fryer containing hot oil (approximately 300 F), the filter fell into the fryer. Hot oil splashed on Employee #1's left ankle. The next morning, Employee #1 was instructed by his supervisor to go to the hospital for treatment. He was treated at St. Francis Hospital, where he received first aid and was scheduled for a follow-up exam. Five days later, Employee #1 was hospitalized and underwent three surgical procedures due to an infection that developed on his left ankle. The accident investigation revealed that the employer was in violation for not reporting the injury immediately, as well as failed to conduct routine periodic inspections to identify unsafe conditions or work practices. In addition, the employer failed to correct unsafe work practices and work procedures in a timely manner.