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OSHA Cites Nebraska Food Supplement Plant for 10 Violations

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vitamin-food-supplementsWorker safety is essential, and one way to help ensure worker safety is through inspections by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Records of these inspections are often very important documents in workers’ compensation cases after a worker has been injured on the job.

In its first OSHA inspection ever, a Geneva, Nebraska, food supplement plant was cited for 10 safety and health violations and also earned a spot in OSHA’s Severe Violator Enforcement Program, according to a recent news release. The proposed fine was $101,200.

“Bioiberica Nebraska is a subsidiary of Bioiberica S.A. based in Barcelona, Spain. The company, which produces products for the pharmaceutical, food supplement and functional foods industries, employs 322 workers worldwide and 11 at the Geneva site.”

I appreciate OSHA holding this manufacturer accountable, especially with some of the problems that came to light with the inspection. The willful violations alone netted the company $84,000 in fines, according to the citations list.

“The three willful violations were cited for exposing workers to injuries, such as electrocution, burns, crushing, lacerating, amputating or fracturing body parts,” according to the OSHA news release. “These violations included failure to develop written procedures, provide training, and implement a program with locks, tags or other hardware to prevent machines from starting up while employees performed service and maintenance of machinery. A willful violation is one committed with intentional, knowing or voluntary disregard for the law’s requirement, or with plain indifference to employee safety and health.”

I am particularly troubled by one of the serious violations that was mentioned in the citations list. “Employees had not been provided training to recognize, evaluate and control exposure to hazardous chemicals. Hazardous chemicals used in the facility include, but are not limited to, diatomaceous earth containing up to 44% crystalline silica,” according to the listed citation.

I have written about the silica standard and referenced it in regard to its use in Nebraska and Iowa as a raw material, but its use in manufacturing processes and other industrial uses can also definitely be dangerous, especially with workers having no information or training about such hazardous chemicals. The OSHA news release regarding Bioiberica Nebraska’s inspection bears out this concern.

“Silica exposure can cause silicosis, an irreversible lung disease, and other health hazards,” according to the news release.

Although OSHA fines are often decreased once a company is in compliance and shows proper documentation, I hope that this company will be more diligent in providing a safe workplace immediately. Being put in the Severe Violator Enforcement Program means this employer and its workers can look forward to more OSHA inspections in the future.

Nebraska, however, is one of the states that definitely needs more labor inspectors, according to the recent AFL-CIO’s annual report on job fatalities, which was written about in a previous blog post. With one labor inspector for 102,255 employees (for a total of nine statewide), 92 more inspectors in the state would meet the International Labor Office benchmark for labor inspectors, which “is one inspector per 10,000 workers in industrial market economies.” Nebraska also has the dubious distinction of being one of seven states where “the ratio of inspectors to employees is greater than 1 per 100,000 workers,” according to the AFL-CIO report. The other states are Arkansas, Florida, Louisiana, Missouri, Texas and West Virginia.

So although Bioiberica Nebraska should be inspected again soon, the idea of “soon” is relative and limited by the number of inspectors available in our state. Let’s hope that efforts for safety are successful at this plant before workers’ lives are affected through death or injury.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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