June 2, 2015
Employers' Names and Locations: The production
warehouse of soft drink manufacturer Whitlock Packaging Corp. is located
at 92 N. Main St. in Wharton, New Jersey.
Customized Distribution Services Inc., a general warehousing and
storage contractor hired by Whitlock to run the warehouse's day-to-day
operations, is located at 20 Harry Shupe Blvd. in Wharton.
Staffing agency Drake Nelson LLC, doing business as Action Group
Staffing, is located at 81 Bassett Highway, Suite 8, in Dover, New
Jersey, and is headquartered in Muskogee, Oklahoma. The company provided
forklift operators and production line employees for the warehouse.
Date Investigation Initiated: The U.S. Department of
Labor's Occupational Safety and Health Administration initiated a
safety inspection on Dec. 1, 2014, in response to a formal complaint
against Customized Distribution Services Inc. During the inspection,
high noise levels were observed, prompting an additional health
inspection initiated on Dec. 22, 2014.
Investigation Findings: Whitlock Packaging failed to obtain a valid baseline audiogram as required by law, 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, machine guarding and fall hazards, and a recordkeeping
violation. OSHA found one repeat and one serious violation against
Customized Distribution Services for exit route hazards.
Action Group
Staffing received one serious citation related to noise hazards.
The three companies have 15 business days from receipt of citations
and proposed penalties to comply, request a conference with OSHA's area
director, or contest the findings before the independent Occupational Safety and Health Review Commission.
Quote: "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"
Proposed penalties: Whitlock Packaging: $140,500; Customized Distribution Services: $26,400; and Action Group Staffing: $5,000.
View the citations: