OSHA News Release - (Archived) Table of Contents|
The U.S. Labor Department's Occupational Safety and Health Administration has cited Fieldbrook Farms, Inc., of 1 Ice Cream Drive, Dunkirk, New York, and proposed penalties of $206,550 against the firm, for two alleged willful, thirty-five alleged serious, and ten alleged other-than-serious violations of OSHA standards. The company has until September 15 to contest the citations.
According to OSHA area director David Boyce, the action results from a programmed inspection of the facility conducted from February 24 to August 23 under OSHA's interim targeting program which targets individual worksites for inspections in the ice cream and frozen desserts industry that have lost workday injury and illness rates in excess of 8.5 injuries and illnesses per 100 employees.
OSHA alleges that the company willfully violated OSHA standards by not performing required audiometric examinations of employees exposed to excessive noise, and not providing appropriate noise hazard training for employees, measures which are required as part of an effective hearing conservation program for noise exposure levels in excess of 85 decibels.
The alleged willful violations carry a total proposed penalty of $99,000.
"OSHA is committed to stringent enforcement in those workplaces where employers willfully violate OSHA standards", Boyce said. "It is important for employers to know that in cases such as this, OSHA will take aggressive enforcement action so that others are put on notice that disregard for employee safety and health is unacceptable and cannot be tolerated."
Among the thirty-five alleged serious violations of OSHA standards for which the employer was cited are:
The alleged serious violations carry a total proposed penalty of $107,550.
OSHA also cited the company for ten other-than-serious violations, including:
A willful violation is one committed with intentional disregard for, or plain indifference to, the requirements of the OSHA act and regulations. A serious violation is defined as one in which there is substantial possibility that death or serious physical harm can result. An other-than-serious violation is defined as one which is not likely to cause death or serious physical harm, but has a direct relationship to the safety and health of employees.
The investigation was conducted by OSHA's Buffalo Area office, located at 5360 Genesee Street, Bowmansville, NY. Telephone: 716-684-3891.
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