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OSHA News Release – Region 1
U.S. Department of Labor
Region 1 News Release: 08-420-BOS/BOS 2008-102
Mon., April 8, 2008
Contact: Ted Fitzgerald
Michigan-based delivery company also cited after similar 2003 accident in Texas
CONCORD, N.H. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed a total of $119,500 in fines against Con-Way Freight Inc., an Ann Arbor, Mich.-based delivery carrier, for alleged willful, repeat and serious safety violations following an inspection at the company's Manchester, N.H., service center.
The inspection was prompted by an Oct. 3, 2007, accident in which a Con-Way Freight employee died when he was crushed beneath the forklift he was operating after it went off the edge of a loading dock. OSHA's inspection found that the employee had not been using the forklift's seatbelt, and the company had not trained him and other forklift operators to follow the manufacturer's guideline that seatbelts be used during operation.
"Manufacturer guidelines require the use of seatbelts, and OSHA's powered industrial truck standard mandates that employers train their forklift operators to follow those guidelines," said Francis Pagliuca, OSHA's acting area director for New Hampshire. "Con-Way Freight repeatedly has refused to require forklift operators to use seatbelts even though another employee died in a similar accident in Dallas in 2003. This practice must change, or employees nationwide continually will remain exposed to the dangers of fatal or disabling injuries."
For the lack of training, OSHA issued Con-Way Freight one willful citation, with the maximum proposed fine of $70,000. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. The company also was issued one repeat citation, with a $35,000 fine, for allowing the forklift to be operated in a defective condition. OSHA cited the company's Bridgeview, Ill., facility for a similar hazard in May 2007.
In addition, OSHA issued three serious citations, with $14,500 in fines, for the lack of seatbelt use, not having the forklift maintain a safe distance from the edges of the loading dock, and not marking aisles and passageways for forklift use. OSHA defines a serious violation as a condition that exists where there is a substantial possibility that death or serious physical harm can result.
Detailed information about OSHA's powered industrial truck requirements is available online at http://www.osha.gov/SLTC/poweredindustrialtrucks/index.html.
Con-Way Freight has 15 business days from receipt of its citations to contest them before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Concord Area Office (telephone 603-225-1629).
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote 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. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department 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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