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OSHA News Release
2007 - 07/12/2007 - U.S. Labor Department's OSHA cites Tyson Foods in Noel, Mo., for safety and health violations, proposes penalties totaling $339,500

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Region 6 News Release:    OSHA 07-1023-KAN
July 12, 2007
Contact: Rich Kulczewski
Phone: (303) 844-1302


U.S. Labor Department's OSHA cites Tyson Foods in Noel, Mo., for safety and health violations, proposes penalties totaling $339,500

KANSAS CITY, Mo. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Tyson Foods Inc. in Noel, Mo., for serious, willful, repeat and other-than-serious violations of safety and health standards. The agency is proposing penalties totaling $339,500.

OSHA began an inspection January 9 as part of its Site-Specific Targeting Program, which targets the nation's most hazardous workplaces based on histories of high numbers of injury and illness. As a result, the agency is issuing $146,000 in proposed penalties for 46 serious violations, $55,000 for one willful violation, $137,500 for eight repeat violations and $1,000 for four other-than-serious violations.

"Employers must provide a safe and healthful working environment and ensure that all employees are protected from hazardous conditions," said Charles E. Adkins, CIH, OSHA's regional administrator in Kansas City. "This employer was well aware of federal standards to protect employees from the hazards found during inspection, yet did not comply with them."

The alleged serious violations address: a lack of exhaust duct grease filters and inspections; floors not maintained in a clean and dry condition; unguarded walking/working surfaces above four feet; obstructed exits; exit routes inadequately illuminated and one adjacent to a high-hazard area; unavailable and underdeveloped energy control procedures; an incomplete annual inspection not understood by employees; and lack of training.

Serious violations also were noted for a lack of identification tags on slings; broken oxygen gauges; storage of incompatible chemicals; a lack of hazard communication labeling and training; aisles too small for forklift traffic; powered industrial trucks not being inspected prior to use and used in a damaged condition; an unguarded conveyor belt system; unguarded belts and pulleys; flash burn from welding rays; exposed, energized electrical wiring; and hazards associated with process safety management.

The alleged repeat violations include unsafe stacking of material; unguarded moving parts of machinery and equipment; unguarded revolving drum ends; exposed, energized electrical wiring; not providing a distinctive alarm for an ammonia release; not providing quick drench/eyewash stations in needed areas; containers of hazardous chemicals lacking labels displaying appropriate chemical identities and hazard warnings; and not providing effective hazard communication training.

The alleged willful violation addresses not providing procedures for emergency shutdown and startup following an emergency shutdown of the process system. The other-than-serious violations include exit doors not being marked; recordkeeping; medical evaluation and inaccessible material safety data sheets.

The employer has 15 working days to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Kansas City Area Office, 6200 Connecticut Ave., Room 100; telephone (816) 483-9531.

OSHA's mission is to assure the safety and health of America's working men and women by preventing injuries, illnesses and fatalities. The agency has a vigorous enforcement program, having conducted more than 38,000 inspections last year and exceeding its inspection goals in each of the last seven years. In fiscal year 2006, OSHA found nearly 84,000 violations of its standards and regulations.

Under the Occupational Safety and Health Act, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and heath of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.


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U.S. Labor Department releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.

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