Worker safety protocol violated at the University of Toledo

Industrial Power Systems was issued a citation Oct. 7 for one willful and one serious safety violation for work done this past summer on the University of Toledo campus, with a proposed $75,000 in fines. Two of the company’s employees were exposed to cave-in hazards while putting in steam and chill water piping for the construction of the Recreation Center on Main Campus.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) began the inspection Aug. 6, 2014, after a compliance officer observed the workers in an unprotected, 10-feet-deep trench, according to a news release from the U.S. Department of Labor.

OSHA’s safety regulations state that protections against cave-ins are needed in all excavations made 5 feet or deeper.

There were no protective systems in place to prevent trench collapse, which the investigation found to be a willful violation of standards. The serious violation charge was for not giving workers a way to exit the trench, like providing a ladder.

“A willful violation is one committed with intentional disregard for the law’s requirements, or with plain indifference to worker safety and health,” according to the news release. “… A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.”

According to Rhonda Burke, U.S. Department of Labor Deputy Director for Public Affairs, the inspection was initiated by the National Emphasis Program for Trenching. Burke said that it is not a requirement of OSHA to inform UT of the investigation.

University of Toledo Police Department Sergeant Brian Boerst said if there had been an incident on the site, UTPD would be the first ones on the scene, but “OSHA has no obligation to call us and say what’s going on.”

Boerst said he had seen that there were the cave-in support beams at the worksite during construction, but were not in use during the construction.

There are six ways a company can be penalized for OSHA violations. Penalties are given based upon the severity and if there is a repeated violation, according to the OSHA website, the lowest penalty is $7,000.

“This company has had three inspections in the past five years,” Burke said, “the current one, one on Aug. 20, 2012, where no violations were found, and one serious violation found in an inspection on April 21, 2011 for exposing workers to an electrical hazard. The company paid a penalty of $1,300.”

Despite having a serious violation, the Industrial Power Systems website states that they have no OSHA violations. According to their website, “IPS has an exemplary safety record, with no OSHA violations… ”

The citation and notice of penalty sent to IPS stated that the company has 15 business days upon receiving it to respond, either through compliance, requesting an informal meeting with OSHA’s area director, or to send a letter of intent to contest the findings in front of OSHA’s Review Commission.

For more information on OSHA’s safety standards, go to http://www.osha.gov.