Nov. 13, 2015 BOS 2015-210
Employer name: Tomra NY Recycling LLC, 31 Opus Blvd., Schenectady, New York 12306
Reason for inspection: A worker at the company's Schenectady recycling facility was operating a baler on May 14, 2015, when he was struck by a forklift that was attempting to pass by. The worker sustained a compound leg fracture.
Investigation findings: The inspection by the Albany Area Office of the U.S. Department of Labor's Occupational Safety and Health Administration found that the aisle was not wide enough to allow safe passage by the forklift, and that the forklift was driven too close to the employee. In addition, four forklifts, including the one that struck the worker, were defective and not taken out of service as required by OSHA's Powered Industrial Truck standard. Deficiencies included defective lights, horns, tires and safety equipment, and oil leaks.
Citations issued: OSHA cited the company on Nov. 6, 2015, for one willful violation for the defective forklifts and two serious violations for the other hazards.
Proposed penalties: $84,000
Quote: "This injury could have been prevented, and the employer's failure to properly maintain forklifts and ensure adequate clearance exposed all facility workers to unnecessary dangers. Allowing defective forklifts to operate in a workplace puts employees at risk of being struck or crushed by these vehicles. For the well-being of its employees, Tomra must correct these hazards and ensure they do not occur again," said Amy B. Philips, OSHA's acting area director in Albany.
Link to citations: http://www.dol.gov/opa/media/press/osha/OSHA20152175fs.pdf
Next steps: Tomra NY Recycling LLC has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Information: To ask questions, obtain compliance assistance, file a complaint, or report amputations, eye loss, 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 Albany Area Office at 518-464-4338.
