The U.S. Court of Appeals in Atlanta denied a petition by Packers Sanitation Services, a cleaning contractor in a case involving injury of a worker in a broiler processing plant. An employee of the company contracted to perform cleaning services was injured in the course of duties. The Occupational Safety and Health Administration [OSHA] cited the contractor for two violations involving safe walking-working space and inadequate guards on machinery.
The decision in this case has relevance to egg packing operations:-
- Equipment should be locked-out before cleaning commences.
- Workers should be appropriately trained and supervised in their cleaning activities.
- Equipment should never be operated without protective covers.
- Appropriate personal protective gear must be issued and worn by cleaners including bump caps.
- Supervisors and managers should consistently review equipment and operations to preempt accidents.
- Worker committees are often helpful in maintaining awareness of safety and identifying defects and hazards that are frequently evident to those performing cleaning tasks.
- Any injury or accident must be documented in conformity with OSHA requirements.
The OSHA will investigate injuries resulting in referral to medical facilities. Irrespective of whether a victim of an accident involved in cleaning is employed by the company or a contractor negative publicity could accrue to the egg-packer and lawsuits will be an inevitable consequence of an incident.