| DOL in Action Texas Manufacturer Cited for Serious Violations The Occupational Safety and Health Administration has cited Ameri-Tech Industries LLC, doing business as Ameri-Tech Building Systems, for serious safety violations at the company's manufacturing facility in Troy, Texas. The violations include failing to provide fall protection, such as horizontal lifelines used with full-body harnesses and lanyards; provide machine guarding for table saws, as well as anti-kickback features; and require the use of hand protection while working with sheet metal. Proposed penalties total $52,200. Florida Agricultural Initiative Nets $840,000 in Back Wages, Penalties Through an enforcement initiative focused on hand-harvested crops in central Florida, the Wage and Hour Division has recovered $156,205 in back wages for 689 agricultural workers and assessed employers $685,506 in civil money penalties over the past year. "We have found widespread noncompliance in the agricultural industry that causes many vulnerable workers, including migrant and seasonal laborers, to suffer substandard wages, unsafe housing and transportation, and harsh working conditions," said James Schmidt, director of the division's Tampa office, which is coordinating the initiative. Waymar Construction Cited After 16-year-old Injured on Job Site The department has cited Waymar Construction LLC in Shelby, Ohio, for child labor and safety violations after a 16-year-old fell off a scissor lift during roofing operations at a Sandusky, Ohio, job site on May 23. The worker suffered cranial trauma and fractures. The Wage and Hour Division assessed civil money penalties of $30,350 for allowing a minor to operate a hoisting device and perform roofing work in violation of the Fair Labor Standards Act's child labor provisions. Also, the Occupational Safety and Health Administration cited the company for failing to ensure that workers were protected from fall hazards and were provided fall protection training. Cancellation of Cargill Meat Solutions' Government Contracts Sought The Office of Federal Contract Compliance Programs is seeking cancellation of Cargill Meat Solutions' existing government contracts and debarment from entering into future contracts. OFCCP alleged that the company systematically discriminated against more than 4,000 qualified job applicants at its Springdale, Ark., facility. Cargill also failed to meet its legal obligations to recruit and conduct outreach to veterans. "This is an unfortunate case in which thousands of qualified workers were denied the opportunity to compete fairly for jobs," said OFCCP Director Patricia A. Shiu. Atlanta Roofing Contractor Fined Nearly $185,000 The Occupational Safety and Health Administration has cited Midsouth Steel Inc. of Atlanta for four safety violations for exposing workers to fall hazards while performing roofing work on a 44,000-sqaure-foot recycling facility. The company received three willful violations including allowing employees to work from an aerial lift without fall protection, exceeding an aerial lift's load capacity, and not providing fall protection for employees working on a steep pitched roof. Proposed penalties total $184,800. "Management knowingly exposed its workers to fall hazards because they were more concerned with completing the job faster than providing a safe work site," said Andre C. Richards, director of OSHA's Atlanta-West Area Office. "It is the employer's responsibility to ensure that workers are safe on the job." More Than $2 Million Collected For Long Island Restaurant Employees An ongoing enforcement initiative conducted by the Wage and Hour Division found widespread noncompliance with the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act among restaurants on Long Island. WHD recently completed 46 investigations of pizza and pasta establishments, recovering $2,341,507 in back wages for 578 employees. Also, $202,315 in civil money penalties were assessed against employers for willful and repeated violations. Wis. Steel Foundry Cited for Exposing Workers to Respiratory Hazards The Occupational Safety and Health Administration has cited Northern Steel Castings Inc. for two safety and four health violations at its Wisconsin Rapids carbon steel foundry. The violations include overexposing workers to crystalline silica, a known respiratory hazard. Proposed fines total $95,480. Initiative Focuses on Violations in Construction Industry The Wage and Hour Division is conducting a multiyear enforcement initiative focused on the construction industry in Connecticut and Rhode Island, where the division has found widespread noncompliance with the minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act. Since 2008, WHD's Hartford District Office has conducted 183 investigations of construction industry employers in both states, recovering nearly $3.3 million in back wages for 1,226 employees. Construction Company Cited After Worker Dies from Scaffold Fall The Occupational Safety and Health Administration has cited Igor Jerema Construction Co. in Buffalo Grove, Ill., for four willful safety violations after a worker applying stucco at a home under construction fell off a scaffold and sustained a fatal head injury. The company was cited for failing to: provide fall protection for employees working from scaffolding at levels more than 10 feet high; erect scaffold supports on a firm foundation; provide a ladder as a point of access for workers on the scaffold; and fully plank platforms on working levels of the scaffold. Proposed penalties total $50,000. Briggs & Stratton Cited at Central New York Manufacturing Plant Briggs & Stratton Power Products Group LLC has been cited for repeat and serious violations of workplace safety standards at its Munnsville, N.Y., manufacturing plant. The Wisconsin-based manufacturer faces a total of $125,000 in proposed penalties, chiefly for mechanical, electrical and fall hazards. The Occupational Safety and Health Administration found several recurring hazards similar to those cited during a 2007 inspection. Pre-Assessment Conferencing Procedures to Commence The Mine Safety and Health Administration will begin implementing pre-assessment conferencing procedures early next year to help reduce any backlog of future violations before the Federal Mine Safety and Health Review Commission. The new procedures are based on the results of a pilot program launched by MSHA Assistant Secretary Joseph Main in August 2010 that evaluated the effect of the pre-assessment conference on contested citations. Most mine operators surveyed expressed satisfaction with the conferencing procedures used during the pilot. Texas Drilling Company Cited After Worker Electrocuted Houston, Texas-based oil and gas drilling contractor Nabors Drilling USA LP was cited by the Occupational Safety and Health Administration for two alleged workplace safety violations after a worker was electrocuted. The company was cited for one repeat safety violation for failing to ensure flexible cords and cables were protected from damage. The company was also cited for one serious violation for failing to ensure electrical equipment remained free from recognized hazards. Florida Restaurant Initiative Nets $682,000+ in Back Wages, Penalties An ongoing enforcement initiative conducted by the Wage and Hour Division targeting full-service buffet restaurants in South Florida has found consistent and widespread noncompliance with the minimum wage, overtime, and record-keeping provisions of the Fair Labor Standards Act. In fiscal year 2011, the division completed 34 investigations, recovering $667,704 in back wages for 271 restaurant employees. In addition, WHD has assessed $14,520 in civil money penalties. Nebraska Grain Facility Cited for Bin Hazards The Occupational Safety and Health Administration has cited C.O. Grain Inc., a grain storage facility in Atkinson, Neb., for 16 safety violations for exposing workers to a variety of hazards during grain bin entry, including a lack of rescue equipment. OSHA initiated its inspection under a local emphasis program targeting grain handling establishments. Proposed penalties total $132,000. Initiative Focuses on Workers in NC's Residential Care Industry The Wage and Hour Division is conducting an enforcement initiative focusing on the residential care industry in North Carolina, in which the division has found widespread violations of the Fair Labor Standards Act's minimum wage, overtime and record-keeping provisions. The initiative is particularly concerned about the treatment of employees at group home facilities that serve children, the aged and those who need help with self-care. "These caregivers make significant personal sacrifices in order to provide around-the-clock services for their clients, but are often denied overtime compensation and legal protections guaranteed by federal law," said Rick Blaylock, the division's Raleigh district director. "The goals of this initiative are to remedy systemic violations, educate employers about their legal responsibilities and promote sustained compliance throughout the industry." Concrete Recycling Facility Cited for Multiple Safety, Health Violations The Occupational Safety and Health Administration has cited Congress Materials LLC for one other-than-serious and 12 serious safety and health violations at the company's work site on Mosier Valley Road in Euless, Texas. Violations involve failing to repair broken railings on walkways to prevent falls, maintain and repair stairways and ladders, and failing to provide training on the use of respirators for employees exposed to dust created by concrete grinding. Proposed penalties total $41,300. Stanley Steemer to Pay Nearly $193,000 in Back Wages, Penalties Gerald Quatela, the owner of Stanley Steamer franchises in Atlanta and Richmond Hill, Ga., and Houston, Texas, has agreed to pay $175,039 in back wages to 174 employees after an investigation by the Wage and Hour Division identified significant violations of the Fair Labor Standards Act. The department also assessed penalties of $17,895 for the violations. Oklahoma Meat Processing Plant Cited for Fall Hazards The Occupational Safety and Health Administration has cited Sigma Processed Meats Inc. for 16 serious and three repeat violations for exposing workers to fall and other hazards at the company's processing plant in Seminole, Okla. Proposed penalties total $204,800. Facility to Boost Protections Against Workplace Violence The department has reached a settlement agreement with The Renaissance Project Inc. that resolves citations and penalties issued to the Ellenville, N.Y., substance abuse treatment facility. The citations were issued after an untrained security guard, working alone, was fatally stabbed by a client. The settlement affirms the citations and also commits the facility to taking steps to better safeguard its employees against workplace violence. In addition, The Renaissance Project has agreed to institute measures to eliminate or reduce incidents of violence. California Union Sued for Failing to Hold Election The department recently filed suit against the National Emergency Medical Services Association, located in Modesto, Calif., after the union allegedly failed to hold its regular officer election in June 2011. Title IV of the Labor-Management Reporting and Disclosure Act â€" as well as the union's own constitution â€" requires that members be allowed to elect officials at least once every three years. By failing to hold the election, the department contends that the union violated Sections 401(b) and 401(e) of the LMRDA. To remedy this violation, the department seeks to supervise an election for vice president, treasurer and five regional director positions. Whistleblower Lawsuit Filed Against Colorado Animal Shelter The Occupational Safety and Health Administration filed suit against Angels With Paws, an animal shelter in Lakewood, Colo., on behalf of an employee who was fired in violation of the whistleblower provisions of the Occupational Safety and Health Act. The employee had complained about safety and health hazards before filing a formal complaint with OSHA. Cabinet Manufacturer Fined for Safety and Health Hazards Wood-Mode Inc., a kitchen cabinet maker in Kreamer, Pa., was cited by the Occupational Safety and Health Administration for 29 safety and health violations including improper machine guarding, poor welding practices and exposed electrical wiring. OSHA initiated an inspection as part of a National Emphasis Program on Amputations. Proposed penalties total $122,000. Federal Contractors Sued for Discrimination at Minnesota Boat Plant The Office of Federal Contract Compliance Programs has filed an administrative complaint against federal contractor Brunswick Corp. and its subsidiary, Lund Boat Co. The complaint asserts that the companies systematically discriminated against more than 200 women who applied for entry-level positions at Lund's boat manufacturing plant in New York Mills, Minn. "OFCCP's investigation found that even women with manufacturing experience were less likely to be hired than men without it. That's not fair. It's not right. And it's against the law," said Solicitor of Labor M. Patricia Smith. Florida Packaging Company Sued for Whistleblower Statue Violation The Occupational Safety and Health Administration has sued RockTenn Corp. for allegedly violating the whistleblower provisions of the Occupational Safety and Health Act at its Fernandina Beach, Fla., plant. The lawsuit alleges that management retaliated against an employee for raising safety concerns to company management. | 
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