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Region 4 News Release: 07-881-ATL (166)
July 5, 2007
Contact: Dan Fuqua Michael Wald
Phone: (404) 562-2078 (404) 562-2076
Repeat and willful violations identified during two inspections following fatality
FORT LAUDERDALE, Fla. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Florida Transportation Services of Port Everglades, Fla., for repeat, willful and serious safety violations following inspections in January and March 2007. Proposed penalties total $113,400.
In January 2007, an employee suffered a fatal injury after being struck by a powered industrial truck that was working in tandem with a second vehicle, unloading steel bars from a cargo vessel. The employee died after being crushed between one of the vehicles and a collision barrier.
OSHA's subsequent inspection found that employees operating industrial trucks were not properly trained and evaluated, and vehicles were operated while employees walked and worked near them. Repeat violations were issued to the company for allowing vehicles to be driven near employees standing in front of stationary objects and for allowing vehicles without functional horns and headlights to be operated near employees. The one serious and two repeat serious violations resulted in proposed penalties of $28,000.
The second inspection resulted in OSHA issuing four serious and two willful violations with proposed penalties of $85,400 for operating an industrial truck with a personnel platform not secured to the lifting carriage, using a personnel platform without a complete guardrail system, not providing personal flotation devices to employees near the water's edge, and not having a fall protection system for employees working on top of intermodal containers.
"OSHA has inspected this company five times in the past three years and has found serious safety violations," said Darlene Fossum, OSHA's area director in Fort Lauderdale. "The employer has failed to keep the workplace free of recognized hazards that were likely to cause death or serious physical harm."
The company has 15 working days from receipt of the citations to contest them and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Fort Lauderdale Area Office, 8040 Peters Road, Building H-100, telephone (954) 424-0242.
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 the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
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) 693-7765 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.
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