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Region 5 News Release: 13-2101-CHI
Nov. 12, 2013
Contact: Scott Allen      Rhonda Burke
Phone:       312-353-6976
Email: allen.scott@dol.gov      burke.rhonda@dol.gov

US Labor Department's OSHA cites White Cedar Shingles for 9 violations
after worker fatally injured at Superior, Wis., manufacturer
Company placed in Severe Violator Enforcement Program

SUPERIOR, Wis. – White Cedar Shingles Inc. has been cited for nine safety violations by the U.S. Department of Labor's Occupational Safety and Health Administration after a worker was fatally injured May 21 at the Superior manufacturing facility while servicing machinery that had not been locked out to prevent unexpected startup. As a result of the inspection, OSHA has placed the company in its Severe Violator Enforcement Program.

"This was a terrible, preventable tragedy that underscores the importance of following OSHA's standards to control hazardous energy by training workers on affixing machine lockout devices," said Mark Hysell, OSHA's area director in Eau Claire. "White Cedar Shingles was cited for the same deficiency in 2012, and that underscores its failure to act. Employers must identify and correct hazards and ensure workers follow proper procedures to prevent injury or death."

Two willful violations were cited for failing to train workers authorized to perform servicing on equipment in hazardous energy control procedures and to control electrical energy sources by installing lockout/tagout devices during maintenance and cleaning of machinery. A willful violation is one committed with intentional, knowing or voluntary disregard for, or plain indifference to, employee safety and health.

Five serious violations involve failing to have guarding on power transmission flywheels and the power transmission belt on the edger; address a waste conveyer belt with visible damage on the belt edge; train and evaluate forklift operators; address a damaged electrical control button on the mill; identify disconnecting means for a mill and saw equipment; close unused openings on boxes, cabinets and fittings effectively; and install faceplates and covers on electrical boxes.

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.

Two other-than-serious violations involve failing to install a midrail on a stairway and on a platform in the material area. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Proposed fines total $156,240.The current citations may be viewed at http://www.osha.gov/ooc/citations/White_Ceader_Shingles_Inc_907778_11-06-13.pdf*

Due to the nature and severity of violations, the company has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. OSHA's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

White Cedar Shingles Inc. is a milling company that manufactures cedar shingles and boards. It employs approximately 10 workers. Inspections of the facility in 2010, 2011 and 2012 have led to 10 violations, which include citations from 2012 for the lack of a lockout/tagout program and workers' training on the control of hazardous energy.

The company has 15 days from receipt of the citations and proposed penalties to comply, ask for an informal conference with the OSHA area director, or contest the citations and proposed penalties 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 Eau Claire Area Office at 715-832-9019.

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, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.


* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.


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