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Alexander v. Demmer Corporation8/20/2002
llers while they were being cleaned. Injuries on the R-1062 specifically occurred in March 1995 (Eddie Williams-three fingers crushed), and July 1997 (Wallace Bush-right hand crushed), and then to plaintiff in January 1998. Documentary evidence plaintiff submitted below established that McKenna (who had been employed at Demmer since 1980 and in the Delta plant since 1990) knew of the two previous employee injuries on the R-1062, knew that MIOSHA had investigated and cited Demmer for failure to implement and enforce Lockout/Tagout, was one of the main participants in MIOSHA's investigation following Williams' 1995 injuries, and signed documents assuring MIOSHA that the violations would be addressed. Similarly, Collins knew of Williams' and Bush's injuries on the R-1062, participated in the abatement process required by MIOSHA following its citation of Demmer in July 1995 for violating Lockout regulations, and signed documents submitted to MIOSHA pledging to remedy the violations in 1995 and 1996.
McKenna's actual knowledge
Production Manager McKenna testified at deposition that he began employment at Demmer in 1980, went to the Delta plant around 1990, and around 1993 became the production/manufacturing manager. McKenna testified that everyone except the Plant Manager (Collins) reports to him, and he schedules the work done in the shop. There is no dispute that following the March 1995 pinch rollers injury to Eddie Williams, MIOSHA cited defendant for "serious" violations of the hazardous energy sources/Lockout regulations and the regulation requiring that employees be trained in Lockout. Plaintiff presented deposition testimony of the occupational safety inspector that inspected Demmer in July 1995, following Eddie Williams' injury on the R-1062 pinch rollers, Ruth Ann Poole. Poole testified that McKenna was present at all times while she was at Demmer in 1995, including for the opening conference, the walk- around, and the closing conference. Poole testified that she was speaking with McKenna "the whole time I was on the floor" during her July 1995 investigation. A copy of the 1995 investigation file was submitted below, including the citations issued against Demmer on Poole's recommendation. At deposition, Poole testified from the written MIOSHA investigation report, including:
Q: . . . . Citation one, item 14. Would you tell us what rule that pertains to and what you found in that connection?
A: This is lockout training. It's Part 85, speaking of training authorized employees on the requirements of lockout, when it's appropriate and what is lockout.
Q: And what did you find with respect to the regulation pertaining to lockout in this instance?
A: That there was employees that hadn't received training on lockout.
Q: But could you just read for us what you have written up to the redaction?
A: No lockout training. Employees cleaning feed rolls with a rag with it on, the feed rolls on together. On 3-15-95 blank stated blank. [Emphasis added.]
A: Received no training at all. Also still cleaning feed rolls with someone cleaning and another person pushing jog. . . . [Emphasis added.]
Q: What does this refer to, please?
A: This is part 85, which is lockout, the rule that we use for enforcing lockout.
Q: And you have written again a narrative of what you found during the course of your inspection?
A: That's correct.
Q: And would you just read that for us, please.
A: Not enforcing lockout while cleaning roll. Blank took a rag with the power on the feed rolls, started cleaning the feed rolls, rag was drawn through
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