NEWS

OSHA cites noise, safety concerns in Wharton

William Westhoven
@WWesthoven

Three business involved with operating a soft-drink production warehouse in Wharton are facing up to $172,000 in fines proposed by the U.S. Department of Labor’s Occupational Safety and Health Administration.

The penalty proposals for allegedly exposing temporary workers to high noise levels followed a formal complaint filed with OSHA last year, which launched an investigation that found other potential safety violations, according to an OSHA release issued on Tuesday.

Whitlock Packaging, listed as the manufacturer at 92 N. Main Street, faces the largest fines, totaling $140,500. Customized Distribution Services, a general warehousing and storage contractor located at 20 Harry Shupe Boulevard, faces $26,500 in penalties. CDS is contracted with Whitlock to run the warehouse’s day-to-day operations.

A third company, Drake Nelson LLC, based at 81 Bassett Highway in Dover and doing business as Action Group Staffing, faces $5,000 in fines. Action Group Staffing, headquartered in Muskogee, Okla., provided forklift operators and production-line employees for the warehouse, according to OSHA.

“We have just received OSHA’s notification of penalty and are currently evaluating our response,” said Ben Mera, director of human resources for CDS. “CDS takes great pride in providing a safe working environment for our employees; as evidenced by the exemplary safety record of our operations. While we certainly respect the mission that OSHA serves in support of American workers, we disagree with this notification and will respond accordingly.”

An OSHA safety inspection on Dec. 1 produced a report stating it observed high noise levels at the Whitlock facility, prompting an additional health inspection on Dec. 22. According to OSHA, the followup found that Whitlock failed to obtain a valid baseline audiogram, resulting in one willful violation.

The manufacturer was also received one repeat, six serious, and one other-than-serious citations involving exit routes, “struck-by” hazards, machine guarding and fall hazards, and a record-keeping violation. OSHA also found one repeat and one serious violation against CDS for exit-route hazards. Action Group Staffing received one serious citation related to noise hazards.

“Violations like these can cause serious injuries, including permanent hearing loss,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Protecting employee safety and health is a responsibility the employer and the staffing agency share. All three companies should eliminate these hazards immediately.”

The companies have 15 business days from receipt of the citations and proposed penalties to comply, request a conference with the OSHA area director or contest the findings before an independent OSHA Review Commission.

Staff Writer William Westhoven: 973-428-6627; wwesthoven@dailyrecord.com.