On 3 November, 2009, V&S Detroit Galvanizing employees were attaching parts to be galvanised onto two 1.5USt racks. The racks were supported by rack stands. A crane operator moved the first rack up and over employees who were hanging parts on the second rack. The crane clipped the rack stands, causing the remaining rack to fall. A temporary employee, Darryl Johnson, was caught and crushed under the weight of the rack, resulting in his death.
The death followed a similar accident on 21 October, 2008, when a V&S Detroit Galvanizing employee received multiple fractures to his left leg. A rack that was loaded with parts fell on him and crushed his leg as a crane lifted another rack off the same supporting pair of rack stands. “This accident should have been a warning to the company to alter their procedures to protect their workers,” said Michigan Department of Energy, Labor & Economic Growth director Stanley Pruss.
“This tragic workplace fatality could have been prevented. V&S Detroit Galvanizing knew their rack system was unstable, and yet they continued to expose their employees to daily hazards during overhead crane operations, which led to the death of this worker,” said Pruss. “This failure to protect their workers will not be tolerated. We are sending a clear message to all employers that they must be proactive and consistently protect their workers.”
MIOSHA has now concluded its fatality investigation, as well as a companion investigation at V&S Detroit Galvanizing. As a result of these two investigations, MIOSHA has issued citations for 10 alleged violations of MIOSHA regulations. The combined citations for both investigations include seven serious and three wilful serious violations. The combined penalty for both investigations is $245,000.
This includes numerous violations of General Industry Safety Standard, Part 18, Overhead and Gantry Cranes, such as a $70,000 penalty for moving the rack over the head of a maintenance employee, a $70,000 penalty for moving racks weighting 3,600lb over the heads of employees loading racks, a $7,000 fine for failing to install an audible warning device on overhead cranes and a $7,000 fine for not undertaking daily and periodic inspection of overhead cranes.
A wilful violation is one committed with an intentional disregard or plain indifference to the requirements of MIOSHA regulations and employee safety and health. A serious violation exists where there is a substantial probability that serious physical harm or death can result to an employee.
V&S Detroit Galvanizing has 15 working days from receipt of the citations to comply or contest the violations and penalties.
“MIOSHA will not tolerate employers who place their employees at risk of injury or death and will take appropriate enforcement action to protect workers,” said MIOSHA director Doug Kalinowski.
