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Company faces fine in employee's elevator death

Sat. September 20, 2008; Posted: 07:41 AM
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Sep 20, 2008 (New Haven Register - McClatchy-Tribune News Service via COMTEX) -- CELPE | Quote | Chart | News | PowerRating -- Sep. 20--DERBY -- The federal Occupational Safety and Health Administration has cited Derby Cellular Products for four "serious" violations and ordered the company to pay a $14,000 penalty following a June elevator accident that killed a 64-year-old maintenance worker.

The fine could be lowered, however, after the company "presents their side of the case" at an informal conference with OSHA, said Bob Kowalski, area director for OSHA's Bridgeport Area Office. Allen Cribbins, president of Derby Cellular Products, said Friday the company plans to take advantage of OSHA's "informal conference process."

The company has 15 days in which to schedule the informal conference or pay the fine.

"We have cooperated with OSHA from the very beginning and we will continue to do so through the informal conference process," Cribbins said. "Safety is and has been always our No.1 concern at Derby Cellular Products."

On June 17, Robert Beckwith of Ansonia, a 30-year employee, was fatally injured when he got caught between the second-floor elevator doors and the elevator car. He was pronounced dead at the scene.

According to Kowalski, a standard created by OSHA in the early 1990s, known as lockout/ tagout, requires equipment to be "placed in a zero energy state" before maintenance is done on it in order to protect workers.

The citation states that Derby Cellular Products "did not devel- op machine specific procedures for the control of hazardous energy, which employees were to follow while performing lockout/ tagout procedures on machines such as but not limited to the elevator."

In addition, it states, "An employee who performs the duties of an in-house electrician had not been trained in electrical safe work practices."

Furthermore, "Employees who were exposed to electrical hazards were not provided with and required to wear personal protective equipment" like safety glasses, fire-rated clothing and voltage rated gloves.

The citation specifies dates -- ranging from Sept. 24 to Oct. 10 -- by which the violations identified must be abated.

Kowalksi said OSHA did not feel "there was any willful neglect on the part of the employer."

"The employer did not knowingly put the employee in jeopardy," he said. Had the violations been classified as "willful" rather than "serious," the company could have faced a penalty up to $70,000, he said.

If the company chooses to contest the citation or a part of it, OSHA's attorneys will attempt to settle the dispute.

If this is not possible, the case will be heard by an administrative law judge, Kowalski said.

To see more of New Haven Register, or to subscribe to the newspaper, go to http://www.nhregister.com. Copyright (c) 2008, New Haven Register, Conn. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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