The First Facility Management Blog

The recent death of Yale graduate student Annie Le and the subsequent arrest of lab technician Raymond J. Clark III — who is alleged to have murdered her — has thrust the topic of workplace violence back into the national headlines.

While workplace violence prevention has typically focused on the role of the human resources department, there are several aspects of the problem that can be alleviated by having the proper safety plans and security procedures in place, and by the facility itself.

To that end, facility professionals interested in reviewing their workplace violence prevention policies may want to check out the IFMA Foundation’s recent report entitled “Violence in the Workplace: The Role of the Facility Manager.”

Written by Wayne D. Veneklasen, Ph.D., CFM, and Donald W. Barnes Jr., CPP, the report looks at the history of violence in the workplace, examines the scope of the problem, describes the statutes surrounding it and concludes with a focus on planning, response and recovery. It takes the perspective of the building owner and facility manager while outlining the steps they can take to help mitigate this problem.

The report was made possible through contributions donated in memory of W. David Beverly, the late husband of Linda Beverly, CAE, IFMA’s vice president of administration. A long-time engineer at the National Aeronautics and Space Administration, David Beverly was killed on April 20, 2007, at Johnson Space Center in Houston, Texas, by a contract engineer who shot him and held another coworker hostage before committing suicide. This senseless act impacted the lives of countless people and underscored the very real threat posed by violence in the workplace.

To obtain a free copy of the report, visit www.ifmafoundation.org.

A report from the U.S. Bureau of Labor Statistics shows that workplace-related fatalities fell by 10 percent in 2008. Last year there were 5,071 fatal work injuries in the U.S., down from 5,657 deaths in 2007. The new fatality figure represents the smallest total since the Census of Fatal Occupational Injuries program was initiated in 1992. The new rate is 3.6 fatal work injuries per 100,000 full-time workers, down from 4 fatal work injuries per 100,000 last year.

The construction industry saw a 20 percent decline in fatalities, though it remains the most dangerous sector to work in. Fatal workplace falls in all industries also saw a decrease of 20 percent. Workplace homicides fell by 18 percent.

There is, however, a disturbing increase in workplace suicides, which were up 28 percent from last year. Overall, 251 cases were reported in 2008, up from 196 cases in 2007. The 2008 workplace suicide total is the highest number ever reported by the fatality census.

What is the change in all these figures attributable to? The BLS points to the economy.

Average hours worked nationally fell by one percent last year, with some industries that have historically seen a large share of worker fatalities, such as construction, experiencing even larger declines in employment and hours worked. And of course, stories of mass layoffs in every sector of the economy have become commonplace, so it’s not hard to see how this could affect workplace fatality figures.

The BLS also points to government spending cutbacks as possibly limiting or delaying the reporting of these statistics by government agencies. So the 2008 numbers are largely attributable to declining employment and the ineptness of government bureaucracy.

What are you seeing at your facilities? Are there fewer workplace accidents? If so, perhaps this is one of the few good things to come out of this recession.

Earlier this month, Tyson Foods Inc. was sentenced in U.S. District Court in Arkansas to pay the maximum fine for willfully violating worker safety regulations that led to a worker’s death in its River Valley Animal Foods (RVAF) plant in Texarkana, AR, the Justice Department announced. The court ordered Tyson Foods to pay the $500,000, the maximum criminal fine as well as serve one year probation. [See the original FacilityBlog post on this article from 1/7/09.]

According to the court documents filed in the case, Tyson operated several RVAF plants that recycled poultry products into protein and fats for the animal food industry. As part of the rendering process in four of the plants, the company used high-pressure steam processors called hydrolyzers to convert the poultry feather into feather meal.

Decomposition of biological material such as poultry feathers produces hydrogen sulfide gas, an acute-acting toxic substance. Employees at the Tyson facilities often were exposed to the toxic gas when working on or near the hydrolyzers, which required frequent adjustment and replacement.

As of October 2003, corporate safety and regional management were aware that hydrogen sulfide gas was present in the RVAF facilities and three of the four facilities with hydrolyzers had taken measures to protect employees from hydrogen sulfide gas near the hydrolyzers. However, Tyson Foods did not take sufficient steps to implement controls or protective equipment to reduce exposure within prescribed limits or provide effective training to employees on hydrogen sulfide gas at the Texarkana facility despite an identical exposure, resulting in hydrogen sulfide poisoning of an RVAF Texarkana employee in March 2002.

As a result, at approximately 1 a.m. on Oct. 10, 2003, RVAF maintenance employee Jason Kelley was overcome with hydrogen sulfide gas while repairing a leak from a hydrolyzer and later died. Another employee and two emergency responders were hospitalized due to exposure during the rescue attempt. Two employees also were treated at the scene.

“Federal laws require employers to undertake steps that limit exposure to dangerous substances like the gas that killed Jason Kelley. Today, Tyson Foods is paying the maximum fine for failing to abide by these laws,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department takes its enforcement responsibility seriously and companies that ignore these laws and risk their employees’ lives will be prosecuted.”

The Occupational Safety and Health Act (OSHA) requires that employers furnish places of employment free from recognized hazards that are likely to cause death or serious physical harm to employees. This includes taking steps to ensure that employee exposure to dangerous substances such as hydrogen sulfide gas remains within prescribed limits.

The investigation was conducted by the Department of Labor and prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Western District of Arkansas under the Environmental Crimes Section’s worker endangerment initiative.

Eric Frumin and Ms. Morrow

While testifying before the House Subcommittee on Workforce Protections regarding stronger Occupational Safety and Health Administration (OSHA) enforcement, Change to Win Health and Safety Coordinator Eric Frumin called for stronger criminal sanctions for ignoring safety hazards that lead to a worker’s death or serious injury. Frumin singled out Waste Management, Inc., the industrial laundry giant Cintas Corporation, steel pipe manufacturer McWane, Inc., and BP North America as examples of employers whose failure to fix known hazards led to fatalities.

The stepson of a Florida Waste Management mechanic who was gruesomely killed on the job testified as well. Jesus Rojas told the Subcommittee that his stepfather Raul Figueroa was nearly cut in half by a malfunctioning hydraulic arm on a garbage truck — and that the company attempted to backdate safety records after the incident. OSHA had cited Waste Management repeatedly, at locations throughout the country, for serious hazards.

The House Subcommittee held the hearing to examine a March 31, 2009 report by the Inspector General of the U.S. Department of Labor regarding lapses under OSHA’s Enhanced Enforcement Program.

In addition to stronger criminal penalties, Frumin called for more comprehensive corporate-wide reporting of hazards, expanded OSHA investigatory capability, more national OSHA alerts on companies with “high severity” hazards, and enhanced corporate follow up.

“Companies like Waste Management should not be allowed to cut corners and compromise safety. They need to provide enough staff to make sure workers are safe on the job,” Mr. Rojas said during a powerful address to the Committee. “They need to be punished when they backdate safety records to cover up flaws in their safety procedures.” 

Cintas worker Eleazar Torres-Gomez was killed in 2007 in the company’s Tulsa, OK, laundry after being pulled into a 300 degree dryer by an unguarded conveyor. OSHA cited the company’s Long Island facility for the same violations in 2005. Internal memos made public by the Wall Street Journal show that Cintas upper-management was aware that this lack of guarding could be fatal.

Frumin also called on Congress to pass the Corporate Injury, Illness, and Fatality Reporting Act introduced by Rep. Phil Hare, D-IL, earlier this week.

“OSHA needs to know where corporate leaders are hiding the evidence of mismanagement,” said Frumin. “The EEP still lacks the proper focus on multiple, severe workplace hazards and violations, and needs further strengthening.”

“Enforcement after workers die is not really enforcement at all. We need real change,” continued Frumin. “That is the change America voted for last year, and we are more than willing to work with Congress, with responsible employers, and with others to see that American workers receive that change.”

Tyson Foods Inc. pleaded guilty in U.S. District Court in Arkansas and agreed to pay the maximum fine for willfully violating worker safety regulations that led to a worker’s death in its River Valley Animal Foods (RVAF) plant in Texarkana, Ark., the Justice Department announced.

According to the information filed along with a plea agreement, Tyson operated several RVAF plants that recycled poultry products into protein and fats for the animal food industry. As part of the rendering process in four of the plants, the company used high-pressure steam processors called hydrolyzers to convert the poultry feather into feather meal.

Decomposition of biological material such as poultry feathers produces hydrogen sulfide gas, an acute-acting toxic substance. Employees at the Tyson facilities often were exposed to the toxic gas when working on or near the hydrolyzers, which required frequent adjustment and replacement.

As of October 2003, corporate safety and regional management were aware that hydrogen sulfide gas was present in the RVAF facilities and three of the four facilities with hydrolyzers had taken measures to protect employees from hydrogen sulfide gas near the hydrolyzers. However, Tyson Foods did not take sufficient steps to implement controls or protective equipment to reduce exposure within prescribed limits or provide effective training to employees on hydrogen sulfide gas at the Texarkana facility despite an identical exposure, resulting in hydrogen sulfide poisoning of an RVAF Texarkana employee in March 2002.

As a result, at approximately 1 a.m. on Oct. 10, 2003, RVAF maintenance employee Jason Kelley was overcome with hydrogen sulfide gas while repairing a leak from a hydrolyzer and later died. Another employee and two emergency responders were hospitalized due to exposure during the rescue attempt. Two employees also were treated at the scene.

“Federal laws require employers to undertake steps that limit exposure to dangerous substances like the gas that killed Jason Kelley. Tyson Foods willfully ignored these regulations and today is being held responsible,” said Ronald J. Tenpas, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department takes its enforcement responsibility seriously and companies that ignore these laws and risk their employees’ lives will be prosecuted.”

The Occupational Safety and Health Act (OSHA) requires that employers furnish places of employment free from recognized hazards that are likely to cause death or serious physical harm to employees. This includes taking steps to ensure that employee exposure to dangerous substances such as hydrogen sulfide gas remains within prescribed limits. Tyson Foods pleaded guilty today to a “willful violation of an OSHA standard resulting in the death of an employee,” the most serious offense available to OSHA.

According to the plea agreement (which was reached on 1/6/09), Tyson Food has agreed to pay $500,000, the maximum criminal fine. The company also will serve one year probation.

The investigation was conducted by the Department of Labor and prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Western District of Arkansas under the Environmental Crimes Section’s worker endangerment initiative.