Flexco contests safety citations which amounted to $100K fine
The steel fabrication company received eight citations from the Indiana Occupational Safety and Health Administration in a safety order issued last month. They were the result of the second inspection carried out in the space of a few months, triggered by an incident involving a worker whose hand was caught in a piece of machinery.
The penalty notification claims that the employer 'failed to record an amputation that took place on an employee.' Flexco's legal counsel says the incident did not cause an amputation.
'The alleged failure to keep a record did not relate to an amputation. Instead, in May of 2024 an employee unfortunately reached beyond a guard and got his hand caught in a machine,' said attorney Dean Leazenby. 'His hand was not amputated, and the employee continues to work at Flexco.'
IOSHA's safety order included a willful violation for an alleged lack of safety guarding which had allowed the employee to make contact with the moving parts of a roller leveler. The proposed penalty was elevated to $63,000 because IOSHA says it cited Flexco for a similar violation of safety standards in a June order.
Leazenby said proper safety guards for the machine were in place.
He said Flexco filed a petition for review contesting all eight citations in the Jan. 13 order. The dispute may go to the governor-appointed Board of Safety Review for further proceedings.
'Flexco wishes to express that it takes the safety of its workers very seriously and vigorously works to meet IOSHA regulations,' he said.
Other penalties in the order include serious violations for a large standing puddle of coolant on the floor, failure to maintain copies of safety data sheets for hazardous chemicals used in the workplace, and failure to provide a hazard communication program for Spanish-speaking employees in their native language as well as failure to provide proper training in Spanish on walkway surfaces. Proposed penalties added up to $99,900.
Inspections were carried out at the facility at 2415 Bryant St. between July and August. The previous penalty notification was issued in May.
It included serious citations related to machine guarding and lockout/tagout methods for an energy isolating device, Labor Department records show. Flexco reached an informal settlement for $5,600, which was half the proposed penalty.
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