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Alexander v. Demmer Corporation8/20/2002
tiff alleged that defendant had actual knowledge that hand cleaning of rollers had caused its employees many tragic and serious injuries in the past, to wit:
(a) on or about March 9, 1987, a newly assigned employee was using a cloth to clean the rollers when his hand was suddenly drawn into the pinch point and crushed;
(b) on or about March 7, 1988, another newly assigned employee lost his hand while using a cloth to wipe down the pinch rollers;
(c) on or about March 14, 1995, another employee severely injured their hand resulting in amputation of three (3) fingers when it was crushed in said rollers;
(d) on or about July 3, 1997, another employee was seriously injured while cleaning these same rollers.
Plaintiff alleged, and defendant did not dispute, that defendant was required to but did not comply with MIOSHA "Lockout/Tagout" regulations at the Delta plant, that those regulations require that energy sources be disconnected and internal energy reduced to zero before servicing or maintenance work can be performed on the equipment, and require that employees be trained in Lockout procedures. Plaintiff's complaint alleged, and there is no dispute, that MIOSHA repeatedly cited defendant for Lockout/Tagout violations "regarding the danger of serious bodily injury when its employees were required to clean the rollers, to-wit:"
(a) Citation No. GI 77-7046. March 10, 1987. Part 1. General Rules. R408.1011 Employer Responsibilities. Rule 11 [see n 4, supra]. "An employer shall comply with all of the following: (a) provide training to each newly assigned employee regarding the operating procedures, hazards, and safeguards of the job ."
(b) Citation No. GI 77-7046. March 10, 1987. Part 26. Metalworking Machinery. R408.12637. "Powered Feed Rolls. Rule 2637. Powered feed rolls shall have 1 of the following: (a) the in-running side of the feed rolls guarded by a barrier, fixed or adjustable, so designed that the material can be fed without permitting the fingers to be caught between the feed rolls or feed rolls and guard. (b) An emergency stop device which can be activated by the body to stop the feed rolls. When an emergency stop device has been activated, it shall be required that the machine be restarted manually.
(c) Citation No. GI 77-8090. March 22, 1988. Part 1. General Rules R408.1011. This citation is a repeat violation of Citation No. GI 77-7046 (see above). (Training new assigned employees.)
(d) Citation/Inspection 124928565, issued September 12, 1995. Part 85. The Control of Hazardous Energy Sources. R1910.147(c)(7)(i)(a): "Each authorized employee shall receive training in the recognition of applicable hazardous energy sources, the type and magnitude of the energy available in the workplace and the methods and means necessary for energy isolation and control." [Emphasis added.]
Plaintiff's complaint alleged, and there is no dispute, that MIOSHA issued repeated warnings to defendant that it must comply with Lockout/Tagout regulations, in 1987, 1988, and 1995. Plaintiff alleged that defendant promised on each occasion that it would adopt the procedures, train its employees in, and enforce safe procedures for cleaning the rollers; and that in spite of its knowledge of employee injuries and promises to MIOSHA, defendant deliberately, consciously and willfully:
(a) failed or refused to adopt safe procedures to protect its employees when cleaning the rollers in the R1062 McKay Roller and Leveler machine;
(b) failed or refused to adequately train its employees in the safe procedures to follow when cleaning the rollers on the R1062. . .
(c)
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