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Region 5 News Release: 12-1619-CHI
Aug. 27, 2012
Contact: Scott Allen      Rhonda Burke
Phone:            312-353-6976
Email: allen.scott@dol.gov      burke.rhonda@dol.gov

US Labor Department's OSHA cites H. Nagel and Son Co. flour mill in
Brookville, Ohio, with 23 violations for exposing workers to hazards

BROOKVILLE, Ohio – The U.S. Department of Labor's Occupational Safety and Health Administration has cited H. Nagel and Sons Co. for a total of 23 safety and health, including two repeat, violations related to OSHA's respirator and machine guarding standards. The company faces total proposed penalties of $62,090 following an inspection of its Brookville flour mill and mix facility, which was initiated by OSHA in May under the agency's local emphasis program on grain handling operations.

"Employers cited with repeat violations have demonstrated a lack of commitment to worker safety and health, and contempt for OSHA's standards," said Bill Wilkerson, OSHA's area director in Cincinnati. "OSHA is committed to protecting workers on the job, especially when employers fail to do so."

One repeat health violation is failing to provide workers with information on respirator standards, and one repeat safety violation is failing to properly guard vertical and inclined belts. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. Similar violations were cited in 2011 at the company's Cincinnati facility.

Fifteen serious safety violations include failing to guard floor openings, provide fall protection for employees working on top of a roof, provide specific lockout/tagout energy control procedures, guard machines and provide a confined space entry permit to workers who enter bins for cleaning purposes. Other safety violations involve electrical safety standards such as using damaged extension cords. One serious health violation is failing to train workers on the hazards of pesticides used in the facility. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Five other-than-serious safety violations involve failing to identify and place hazard warnings on containers, have a competent person inspect the belt manlift every 30 days, provide portable fire extinguisher training and mark an exit with a sign. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

H. Nagel and Sons Co. employs about 10 workers at its Brookville facility. This inspection was OSHA's first at the Brookville location, but the company's Cincinnati facility has been inspected six times since 1983, resulting in several citations. The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Cincinnati Area Office at 513-841-4132.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille or CD from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.