Bloomberg Law®, an integrated legal research and business intelligence solution, combines trusted news and analysis with cutting-edge technology to provide legal professionals tools to be...
Nov. 4 --Two companies face $84,000 in proposed fines over the death of a worker in Florida who was crushed by an elevator car while cleaning the bottom of an elevator shaft, according to citations released Nov. 4 by the Labor Department's Occupational Safety and Health Administration.
The citations, dated Oct. 15, allege the two companies failed to coordinate their lockout/tagout procedures and that employees lacked required lockout/tagout training.
The worker, Mark Allen Johnson, 45, of Tampa, was employed by Progressive Environmental Services, doing business as SWS Environmental Services of Panama City Beach, according to OSHA and police reports. He died April 24 while cleaning oily water from the bottom an elevator shaft at a St. Petersburg Beach hotel. The hotel, Tradewinds Island Grand Beach Resort, is managed by RIA-Tradewinds Inc., according to the citations.
OSHA cited Progressive Environmental for one repeat and four serious alleged violations carrying proposed fines of $61,000.
The repeat violation was for failing to provide fall protection to its two employees who were exposed to a 6-foot, 5-inch drop to the bottom of the shaft, the citation said. The company was cited for the same violation during a March 2010 inspection in Sandusky, Ohio.
The serious violations were for an employee's failure to lock out the elevator, the lack of worker training on lockout/tagout procedures, failure to coordinate lockout/tagout practices with the hotel staff, and failure to develop lockout/tagout procedures for hydraulic elevators.
Progressive Environmental officials are reviewing the citations and haven't decided if they will appeal, a company spokesman told Bloomberg BNA Nov. 4.
RIA-Tradewinds had faced $23,000 in proposed fines for three serious and two other-than-serious alleged violations, according to the citations.
RIA-Tradewinds allegedly lacked a written lockout/tagout procedure for the hotel's elevators, the employee authorized to lockout/tagout the elevator involved in the death didn't do so, and there was no coordination of lockout/tagout procedures with Progressive Environmental. The two other-than-serious violations involved the lack of documentation for lockout/tagout procedures and training.
Tim Bogott, chief executive officer of Fortune Hotels Inc., the parent company of RIA-Tradewinds, told Bloomberg BNA Nov. 4 that a conference with OSHA resulted in the fines being reduced to $19,000 and OSHA agreeing to a non-admission of guilt clause as part of the settlement.
Bogott added that the company is using OSHA's advice to improve safety practices.
To contact the reporter on this story: Bruce Rolfsen in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Jim Stimson at email@example.com
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)