• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Worker Death: OSHA Points Finger at Employer

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: June 5, 2024
3 minute engagement
Employment Law

A worker death led to a finding by the Occupational Health and Safety Administration (OSHA) that an employer should pay $177,453 in penalties.

OSHA said the employer, a pallet manufacturer in Wisconsin, committed multiple safety violations.

It added that there have now been five inspections at the same Konz Wood Products plant since 2016, and that it found four serious safety violations there in 2019.

Even worse: One of those four was similar in type to the one that was connected to the fatal accident.

Worker death while working on machine

The deceased employee was working on a stacking machine, which has a metal carriage that moves boards onto pallets for transport. The machine pushes and lowers rows of wood onto pallets.

The employee tried to remove a board that was jammed in the machine. As he did so, the metal carriage moved and hit him. It caused severe crushing injuries that led to his death.

The safety violation: The company did not make sure that the machine was properly locked out so that it would not move while the worker cleared the jam.

Under the law, machinery must be disabled to prevent the release of what OSHA calls “hazardous energy” during servicing and maintenance activities.

OSHA: Do more

“Federal safety procedures protect workers from the dangers of coming in contact with moving machine parts, but when employers fail to train workers to ensure procedures are followed, workers are at risk for serious or fatal injuries,” OSHA Area Director Robert Bonack explained. “Konz Wood Products and Wisconsin’s entire lumber and wood products industry must work to improve employee safety by guarding machines during normal production and locking out and tagging equipment during the maintenance.”

After investigating, OSHA issued the employer two repeat violations for lack of proper lockout/tagout procedures and lack of fall protection when employees work above dangerous machinery.

More about lockout/tagout

Lockout/tagout refers to practices and procedures that are needed to disable machinery and equipment when needed to prevent the release of hazardous energy when service and maintenance activities are being performed.

Here are some of the some of the specific requirements that are in place relating to lockout/tagout procedures:

  • Have an energy control program and energy control procedures.
  • If equipment can be locked out, use lockout devices on it. Tagout devices can be used instead of lockout devices if they provide equivalent protection.
  • Make sure new or overhauled equipment can be locked out.
  • If machines cannot be locked out, make sure to have a tagout program.
  • Make sure to use proper lockout and tagout devices that identify individual users.
  • Make sure only workers who apply lockout/tagout devices can remove them.
  • Inspect energy control procedures no less frequently than once per year.
  • Provide proper training to employees.

Multiple violations after worker death

OSHA also cited the employer for 15 serious violations relating to lack of point-of-operation and machine guarding on saws and other equipment. In addition, it said there was a lack of fall protection and electrical hazards.

The agency proposed $177,453 in penalties. It also placed the employer into a club that no employer wants to be a member of: the agency’s severe violator enforcement program.

The employer has 15 days to:

  • Comply with the citation
  • Request an informal conference, or
  • Contest the findings before the Occupational Safety and Health Review Commission.

If it’s broke, fix it

No one ever wants to find themselves in violation of safety standards as determined by OSHA.

But this case is a strong reminder that if such a determination is made, employers need to take prompt and effective steps to remedy the dangerous condition and improve workplace safety.

According to the agency, this employer engaged in repeated violations that ultimately led to an employee’s death.

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

Workplace Compliance Trends for 2025

Provided by Paycom

Webinars

Financial Wellness Benefits for a Modern and Diverse Workforce

Webinars

Establishing a New Normal for Your Employees

Webinars

Improve Your Hiring with Background Screenings

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Are Trump’s Executive Orders Really Affecting Private Employers? 5 Reality Checks

In January, Donald Trump’s first-day executive orders targeted federal agencies and threatened to trickle down to private employers. ...

  • Employment Law
A Guide to Understanding Maternity Leave

Maternity leave is an important employee benefit, and many U.S. employers are legally required to provide it. Put simply, maternity leav...

  • Employment Law
New State Law Orders Workplace Safety Measures in Retail

Addressing workplace safety concerns, Gov. Kathy Hochul has signed the “Retail Worker Safety Act,” which requires retail employers in N...

  • Employment Law
FMLA Headache – Are Migraines a Serious Health Condition?

An employee who was fired after an absence related to migraines filed an FMLA lawsuit against his former employer.  The Third Circu...

  • Employment Law
Contacting Employees on FMLA Leave: Where Should You Draw the Line?

A lawsuit that accuses an employer of pressuring an employee to work while on FMLA leave will proceed following a federal court’s decisio...

  • Employment Law
Transgender harassment: Alarming allegations lead to big payout

A restaurant will pay $25,000 and take other steps to end a suit that accused it of unlawfully allowing one of its employees to endure tran...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.