http://www.superiortelegram.com/articles/index.cfm?id=26020§ion=NewsDULUTH NEWS TRIBUNE, The Daily Telegram
Published Monday, February 25, 2008
The Occupational Safety and Health Administration has cited Lakehead Blacktop & Materials of Superior for serious safety violations in the wake of a Nov. 1, 2007, accident that claimed the lives of four people. The company has been fined $4,200.
The Department of Labor faulted Lakehead for failing to identify work areas that should have been flagged and labeled “permit-required confined spaces.” As such, people working in these areas would have been provided with training and air monitoring equipment to help identify potentially dangerous conditions.
On Nov. 1, four people at Lakehead’s construction materials landfill were overcome by hydrogen sulfide gas, lost consciousness and fell into a water-filled pit as one after another climbed inside the confined space to assist. Joseph Kimmes III, a co-owner of Lakehead, originally entered the space to attempt repair of a leachate pump. Also killed on the scene were his brother and co-owner, Scott Kimmes; Harold “Tim” Olsen, a Lakehead employee; and Paul Cossalter, an independent electrical contractor.
Additionally, OSHA cited Lakehead for failing to have a lockout/tagout protocol in place to ensure that equipment being serviced could not be energized unexpectedly.
The citation was issued Jan. 31 and was obtained by the Duluth News Tribune through a Freedom of Information Act request. As Lakehead did not contest the findings or fine within 15 business days, it will be compelled to accept the results. The company will have until March 19 to make corrections to its operations and bring them into compliance.
In assessing fines, regulators consider the potential for harm, whether a violation was willful or negligent, a party’s history of violations and a company’s size, according to Mark Hysell, an OSHA area director based in Eau Claire. He noted that while Lakehead had no prior history of violations, there was evidence that the company should have known of federal confined-space requirements.
No representative of Lakehead was available this morning for comment.