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Douglas L. Parker, assistant secretary of Labor, OSHA. | OSHA

Two employers fined by OSHA related to the death of 39-year-old worker in August

Labor

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The U.S. Department of Labor has imposed fines on a maintenance and repair contractor based in Birmingham, Alabama, and a distributor of bulk cement based in Port Everglades, Florida, in connection with the death of a 39-year-old worker at a Fort Lauderdale job site. The Occupational Safety and Health Administration (OSHA) concluded after an investigation that the two contractors could have prevented the fatality by adhering to safety regulations and maintaining effective communication.

The deceased worker was employed by G & R Mineral Services Inc., which was contracted by HM Southeast Cement LLC. He was performing repairs on a screw conveyor system atop a cement silo when the incident occurred on Aug. 4, 2023, according to a Department of Labor news release. The investigation revealed that HM Southeast Cement had removed locks and energized the silo to rotate the screw conveyor shaft for equipment alignment during repairs. This action resulted in fatal injuries to the worker who got caught in the conveyor.

"This tragedy is a reminder of the importance of properly developed and implemented lockout/tagout procedures," OSHA Area Office Director Condell Eastmond said in a statement. "Employers and contractors must assess the hazards before anyone touches the machinery and must use lockout/tagout procedures to prevent serious injuries or death."

According to the media release, G & R Mineral was fined $38,715 by OSHA for three serious violations: failing to inform HM Southeast Cement about their lockout/tagout procedures; failing to remove employees from areas surrounding unguarded screw conveyors; and failing to establish specific procedures for controlling hazardous energy. OSHA proposed an equal amount in penalties for G & R Mineral.

HM Southeast Cement was fined $43,554 by OSHA officials for not instituting specific methods for utilizing hazardous energy, according to the news release. The company has also been ordered to review its lockout-tagout procedures with contractors and perform periodic inspections of energy control procedures to prevent accidental contact with ingoing nip points and rotating parts.

The companies have been given 15 business days to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission, as per the release.

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