Risk & Potential Liability Issues

OSHA compliance plays a critical role in maintaining a safe work environment. Manufacturers who are not OSHA-compliant not only risk the safety of their workers, they also put themselves at risk for liability-related lawsuits, OSHA fines or being shut down.

The following are examples of lawsuits that resulted from unsafe work environments. These examples, along with many workplace accidents could have easily been avoided if the equipment in question was properly inspected and labeled.

Case 1- Insufficient warning label
In this case, a dangerous situation could have been prevented through the use of proper warning labels. A piece of cleaning equipment displayed a warning label that was written in English only. The label warned that the floor cleaning machine sparks and can ignite flammable chemicals, causing an explosion. Unfortunately, non-English speaking workers were utilizing the equipment. The workers subsequently poured a flammable chemical onto the floor and turned the machine on. The chemical ignited causing an explosion that seriously burned two workers. The start switch, which caused the spark, should have been replaced with a non-sparking solid-state switch.

Had an illustrated warning label meeting the requirements of ANSI Z535.4 been used in addition to the written English warning, this accident could have been prevented.

Case 2- Missing safety component
A potentially dangerous piece of tree chipping equipment was missing a critical protective apparatus. In this instance, an experienced tree trimmer was inserting a large branch into a tree chipper when his arms were inadvertently forced into the moving blades. If the tree chipper had been equipped with a safety device on the edge of the feeding bed, the amputation of his arms could have been prevented. Since product safety is the manufacturer's responsibility, the case was settled before trial with the victim being awarded more than $4 million dollars.

If the design defect was identified prior to the machine's use, the accident may have been prevented or the punitive damages paid to the victim could have been significantly reduced.

Case 3- Electrical hazard
Although this company had received numerous complaints from employees who had been shocked, management failed to take appropriate action to protect their staff.

Malfunctioning machinery and a leaking roof allowed water to pool on a manufacturer's floor. During a second attempt to empty a bucket filled with water, an employee received a fatal electric shock. The company was fined for OSHA violations including electrical hazards, fall hazards, machine guarding violations and more. A total of 23 serious citations were issued and the OSHA proposed more than $290,000 in penalties.

In addition to this incident, the company was most likely fined and forced to shut down, resulting in a loss in productivity.

OSHA mandates that Nationally Recognized Testing Laboratories (NRTLs), such as TÜV America, approve certain types of equipment and materials for commercial use. For a complete list of types of products requiring NRTL approval, visit http://www.osha.gov/dts/otpca/nrtl/NRTLarticle.html.

For more information, contact us.

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