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Region 2 News Release:    05-1835 NEW/BOS 2005-276
Monday, Oct. 3, 2005
Contact: Ted Fitzgerald
Phone: (617) 565-2074


OSHA Fines Frankfort, N.Y., Food Plant for Confined Space Hazards
$142,200 in Fines Proposed against Granny's Kitchens

SYRACUSE, N.Y. -- A Frankfort, N.Y., donut manufacturer faces a total of $142,200 in proposed penalties from the U.S. Labor Department's Occupational Safety and Health Administration (OSHA).

Granny's Kitchens Ltd. was cited for 20 alleged willful and serious violations of workplace safety standards at its Frankfort production plant. The citations result from an OSHA inspection begun April 5 under the Syracuse OSHA office's local emphasis program on the food processing industry.

OSHA found that the company required an employee to enter an underground waste storage tank, a confined space, without first testing and monitoring the tank for toxic or oxygen deficient atmosphere, setting up a retrieval system to rescue the employee in the event of an emergency and preparing the required entry permit that would verify that all safeguards were met.

"The requirements for confined space entry are thorough and rigorous because an employee can be quickly overcome by a toxic or oxygen-deficient atmosphere," said Chris Adams, OSHA's Syracuse area director. "In this case, the employer clearly knew the worker shouldn't have been sent into that tank until all safety measures were taken."

As a result, OSHA issued two willful citations, carrying $99,000 in fines. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

OSHA's inspection also identified hazards in several other areas. These included inadequate means of exit; lack of eye protection; missing eyewash stations; inadequate machine guarding; unapproved wiring; inadequate hazard communication; lack of specific lockout procedures to prevent the accidental startup of machinery during maintenance, and not ensuring that lifting hooks could support their intended load.

These conditions resulted in 18 serious citations with $43,200 in proposed fines. A serious citation is issued when death or serious physical harm are likely to result from a hazard about which the employer knew or should have known.

The company has 15 business days from receipt of its citations to comply with them, to request and participate in an informal conference with the OSHA area director, or to contest them before the independent Occupational Safety and Health Review Commission. The investigation was conducted by OSHA's area office located at 3300 Vickery Rd., North Syracuse; telephone: (315) 451-0808.

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.


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U.S. Labor Department releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7773 or TTY (202) 693-7755. The U.S. Department of Labor 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 www.dol.gov/compliance.


Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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