OSHA Hits Sugar Co. With Third Largest Fine for Explosion

OSHA has issued citations proposing penalties totaling almost $9 million against the Imperial Sugar Company and its two affiliates, alleging violations at their plants in Port Wentworth, Ga., and Gramercy, La.

The company responded by filing a notice of contest and called for a national standard on combustible dust.

OSHA initiated the inspections following an explosion and fire on February 7, 2008, at the Port Wentworth refinery that claimed the lives of 13 employees and hospitalized 40 others. Three employees still remain hospitalized. The proposed penalties against Imperial Sugar represent the third largest fine in the history of OSHA.

OSHA said its inspections of both facilities found that there were large accumulations of combustible sugar dust in workrooms, on electrical motors and on other equipment. The investigation also determined that officials at the company were well aware of these conditions, but they took no action reasonably directed at reducing the obvious hazards.

“I am outraged that this company would show a complete disregard for its employees’ safety by knowingly placing them in an extremely dangerous work environment,” said Assistant Secretary of Labor for Occupational Safety and Health Edwin G. Foulke Jr. He added, “What is even worse is that a month after the devastating catastrophe in Port Wentworth that claimed the lives of 13 people, this company had done little to ensure abatement of the combustible dust hazards at its other plant.

“If OSHA investigators had not inspected and posted an imminent danger notice regarding areas at the second plant, the same thing could have happened again.”

OSHA proposed $5,062,000 in penalties for safety violations at the Port Wentworth refinery and $3,715,500 for safety violations found at the Gramercy refinery. The citations include 108 instances of willful violations related to the combustible dust hazard, including the failure to clean up dust and not using appropriate equipment or safeguards where combustible dust is present.

OSHA also has issued 10 citations for other willful violations, 100 citations for serious violations and four citations for other-than-serious safety and health violations.

“We do not believe the facts support OSHA’s allegations,” said CEO and President John Sheptor. “We are extremely disappointed in the remarks made by OSHA as they failed to appreciate the measures taken by the Company prior to the February 7 tragedy to address hazards, including combustible dust. OSHA’s comments also do not reflect the commitment the Company has made to create the safest workplace possible.”

Sheptor specifically took issue with OSHA’s remarks about the Company’s Gramercy facility. Although OSHA suggested Imperial Sugar had done nothing to improve safety at the Gramercy facility after the event in Port Wentworth, in fact, Imperial said it quickly worked to address concerns, including preemptively shutting down the powdered sugar operations, which remains closed while the company ensures that it has taken all appropriate measures to ensure safe operation.

Sheptor noted that OSHA’s National Emphasis Program on combustible dust was first published in October of 2007, and that Imperial Sugar implemented an action plan at Port Wentworth in response to the program, much of which was completed prior to the February 7 explosion.

“While we believe that the Company did respond appropriately to the National Emphasis Program, we also think a clear and comprehensive OSHA standard that specifically addresses combustible dust would further workplace safety by placing employers and employees on appropriate notice of what the hazards are and the means to prevent them.”

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Employers’ failure to tackle the root causes of bullying in the workplace costs billions of dollars a year, according to the world’s biggest anti-bullying project conducted by Dignity at Work.

“The Costs of Workplace Bullying,” estimates that some 33.5 million jobs were lost by UK organizations in 2007 at a cost of nearly $25 billion, as a result of bullying-related absenteeism. Almost 200,000 employees considered leaving their jobs and the equivalent of 100 million days in productivity were lost as a result of bullying.

“Employers can no longer be in any doubt about the business case for tackling bullying,” said Cath Speight, Unite’s acting head of equalities. “It has a devastating impact on individuals, but businesses suffer too. Workers who suffer from bullying, and those who witness it, experience low morale and are more likely to take time off or leave their jobs.”

A second report, “BME Employee Experiences of Workplace Bullying,” is calling upon employers to improve antibullying activities in their workplaces.

“The shocking truth is that Black and Minority Ethnic workers are more likely to be targets of workplace bullying,” added Cath Speight. “Employers need to recognize this and take action to combat this.”

The report’s main author, Dr Sabir Giga from the University of Bradford, said: “Bullying is impacting on Black Minority Ethnic workers’ job satisfaction, promotion opportunities and health. Employers must develop a zero tolerance to bullying so that all workers are treated with dignity and respect.”

The Dignity at Work partnership project is also publishing its ‘Action Pack’,  offering solutions to employers and union representatives seeking to tackle workplace bullying.

Baroness Ann Gibson, chair of the Dignity at Work Project, said, “Workers who experience bullying are more likely to go off sick or leave and colleagues who witness bullying are also less likely  to stick around. Employers who choose to ignore bullying do so at huge costs to society.”

Electronic copies of both reports are available to download: Dignity at Work: The Cost of Workplace Bullying and Dignity at Work: www.amicustheunion.org/docs/ Research-costofbullying.doc   FSM