Region 2 News Release:   NY 132
April 21, 1999
Contact: Chester J. Fultz
PHONE : 212-337-2319

The U. S. Labor Department's Occupational Safety and Health Administration has cited Agway, Inc.'s feed mill, located at Northeastern Industrial Park, Guilderland Center, New York, and proposed penalties of $39,250 against the corporation, for two alleged repeat, two alleged serious, and five alleged other-than-serious violations of OSHA standards. The company has until May 11 to contest the citations.

According to John Tomich, OSHA area director, the action results from an investigation of the mill conducted from February 19 through April 13, following an accident. On February 19, an employee's glove got caught in an unguarded rotating auger and took the employee's arm off above the elbow.

The employer was cited or not properly guarding machinery to protect employees from the hazards associated with rotating machinery parts and nip joints, and not removing accumulations of grain dust on machinery, two alleged repeat violations carrying a total proposed penalty of $35,000. The company had previously been cited on April 2, 1997, at the same location for the same alleged serious violations.

OSHA also cited the firm for not developing and implementing all required lockout/tagout procedures for machinery, and for not using locks when lockout/tagout is required, two alleged serious violations carrying a total proposed penalty of $4,250.

In addition, the company was cited for the following alleged other-than-serious violations:

• not having stair railings.

• not providing emergency lighting.

• not providing required safety glasses for employees.

• not giving fire extinguisher training to employees.

• not scheduling preventive maintenance for machinery.

A repeat violation is one for which an employer has previously been cited for the same or for a substantially similar violation, and which has become a final order of the Occupational Safety and Health Review Commission. A serious violation is defined as a condition which exists where there is a substantial possibility that death or serious physical harm can result. An other-than-serious violation is a hazardous condition that would probably not cause death or serious physical harm, but would have a direct and immediate relationship to the safety and heath of employees.

The investigation was conducted by OSHA's Albany area office, located at 401 New Karner Road, Suite 300, Albany, N. Y. Telephone: (518) 464-6742.