OSHA Occupational Safety and Health Administration . www.osha.gov u.s. Department of Labor Cleveland Area OSHA Office August 17,2016 Mr, Michael Grabell, Staff Writer Pro Publica 155 Avenue of the Americas 13 th Floor New York, NY 10013 Dear Mr. Grabell , In response to your appeal of the redacted willful documentation worksheets, the Occupational Safety and Health Administration completed a review and redaction of the withheld pages. This was performed by the Cleveland Area Office. The willful worksheets contained employee identifying markers, names, and quotes from confidential employee interviews. All exemptions are annotated as required. Additionally, each willful violation contained the identical corresponding worksheet. These duplicates are not provided for sake of redundancy. Thank you for your concern for a safe and healthful workplace. 6393 Oak Tree Blvd. Suite 203 Independence, OH 44131 216·447·4194 216·447-4193 (FAX) SIIA Occupational Safety and Health Administration Freedom of Information Act Exemptions and Explanations EXEMPTIONS Exemption 2a b ,2 2b 3 4 5 6 7a 7c 7d 7e 7f Explanation Internal matters of a relatively trivial nature. l'1ore substantial internal matters, the disclosure of which would risk circumvention of a legal requirement. 3 Information prohibited from disclosure by another statute. 4 Information that is classified as trade secrets and/or commercial or financial value obtained from a person and is privileged or a confidential source of information. 5 Inter-agency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency. 6 This exclusion is intended to exclude from disClosure all personnel and medical files, and all private or personal information contained in other files which, if disclosed to the public would amount to a clearly unwarranted invasion of the privacy of any person, Including members of the family of the person to whom the information pertains. 7a Information contained in investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than the agency. 7c The identification of a confidential source or confidential information furnished by a confidential source. 7d Information which could reasonably be expected to disclose the identity of a confidential sourcer including a state, local or foreign agency or authority which furnished information on a confidential basis. 7e Information that would: dis.close technIques and procedures for law enforcement investigatipn or would disclose guidelines for law enforcement investigation if such disclosure could reasonably be expected to risk circumvention of the law. 7f Could reasonably be expected to endanger the life or physical safety of any individual. following redactions are ex. 7c DOCUMENTATION OF WILLFUL VIOLATION Establishment Name: Callaghan & Callaghan dba Cal-Clean Address: P.O. Box 38935 City, State, Zip Code: Greensboro North Carolina 27438 Inspection Number: 1053446 Date of inspection- 4/13/2015-present th Site Location: Case Farms Processing Inc. 1925 30 Street Northeast Canton, OH 44705 29 CFR 1910.147(d)(3): On April 7, 2015, the employer failed to ensure that, for the #517 Giblet/liver Chiller Machine located in the first processing department, the energy isolating devices were physically located on the electrical disconnect, prior to authorized sanitation employees performing work. • • • STEVEN CALLAGHAN - Callaghan & Callaghan, Inc. owner NEVIN CALLAGHAN - Callaghan & Callaghan, Inc. owner CHUCK SCHNEIDER - Callaghan & Callaghan, Inc. on-site supervisor, previously employed with Case Farms Processing Inc. Canton plant as sanitation supervisor KEN CHERRY - Callaghan & Callaghan, Inc. Evisceration (Evis) Lead MARIO VILLOBOS - Callaghan & Callaghan, Inc. corporate safety YGNACIO CRUS- Callaghan & Callaghan, Inc. corporate safety • • • LEONARDO AVILES - Callaghan & Callaghan, Inc. corporate safety TIM MORE - Case Farms Processing Inc. Plant Safety Manager KEVIN GRUBBS - Case Farms Processing Inc. Plant Manager • • • Willrul Wo.ksiled 29 erR 1910. 147(d)(J) 1;1) Wh.at Is th'e eVld'e ee that the emp lover knew b"'azardo'qs? ~that the condltinn was Cal-Clean recognized the condition as being hazardous. Management representatives were aware of and had observed employees working near and on the hazardous equipment. Cal-Clean has sanitation cleaning contracts with 20 meat processing plants located throughout North Carolina, Ohio, Pennsylvania, South Carolina, and Virginia. Steven Callaghan stated that: "We have two categories of injuries where employees get hurt in this industry - slips and falls and LO/TO." Steven also stated that: "/ go to the OSHA federal website for all Cal-Clean LO/TO progroms. " Nevin Callaghan was General Manager of Ronnell Managed Services LLC, sanitation company, for 10-15 years before the Callaghan brothers started CalClean. Steve Callaghan stated about his brother (NeVin) that: "he is well versed in the industry." Steven and Nevin Callaghan physically evaluate all the facilities that they have contracts with every 30-60 days, more if needed, to include LO/TO audits. They rotate going to the facilities at first, than after one year they decide who will be the lead at that facility. Ygnacio Cruz completed OSHA 30 hour course on April 24, 2012. Steven Callaghan stated that: "Ygnacio Cruz has been with the company since day one. He cleaned first plant as one man crew." Ygnacio Cruz, Mario Villobos, and Leonardo Aviles are all responsible for training and ensuring employees are utilizing LO/TO. All three are part of the company's corporate safety and travel to all Cal-Clean contracted locations. They also fill in for onsite managers when they are on leave. Chuck Schneider worked for Case Farms for two years as a sanitation supervisor prior to joining Cal-Clean. Mr. Schneider stated, on April 27, 2015, that: "/ manage and oversee the work of around 25 employees who work here at the plant. / am on the floor supervising and overseeing employees' work every day. Machines are supposed to be off when cleaned. / don 't know why the machine was on. That specific machine does not need to be turned on to clean 50 I don't kno w why it was on. I'm s ure I've seen Orlon do and Francisco clean the machine Jive . Training watch movie/discussion . Safety in Spanish - both versions English/Spanish. " Willful WorkshecI2() CFH 1910 147(d)(3) Tim More emailed Nevin and Steven Callaghan and Chuck Schneider on October 24, 2014 stating that: "/ witnessed two Cal-Clean employees physically inside the picker units without being locked out. / immediately advised them to get out of the pickers and contacted Ken Cherry who came out and addressed the situation. Ken had employees retrieve their locks and apply immediately. Moving forward if we witness any severe safety infractions, we will be asking employee to leave the property." On November 22, 2014, Tim More emailed Nevin and Steven Callaghan stating that: "/ witnessed employee again inside Picker #2 without unit being locked out. This is the second time in four weeks that he has been witnessed not following LO/TO procedures. As / mentioned before this will not be tolerated, he has been removed from the premises and is not allowed back on Case Farms Property." Nevin Callaghan emailed Chuck Schneider stating "Let's do a full team safety meeting on LO/TO. Written warning to all concerning locking out equipment. II NOTE: documentation was requested with retraining and never received. Company management had a heightened awareness of the hazardous condition, the standards which apply, and means to protect employees. This awareness was gained through previous OSHA inspections and citations corporate wide. On, November 30, 2014, a Cal-Clean employee hurt their hand in the liver tumbler at Case Farms Processing in Canton Ohio. Mr. Schneider couldn't remember what happened during this incident when he was interviewed. The incident was not reported on the OSHA 300 log. On April 16, 2014, a Cal-Clean employee got their left arm caught in a machine that twisted and fracture it at a poultry processing plant in North Carolina (source: OSHA Logs). On October 16, 2014, a Cal-Clean employee got their hand caught, fractured, and crushed cleaning the conveyor belt at a Virginia poultry plant (source: OSHA Logs). On February 25, 2013, a Cal-Clean employee cut off part of their left index finger at a Virginia poultry processing plant (source: OSHA Logs). On October 1, 2013, a Cal-Clean employee fractured their left ring finger at a Virginia poultry processing plant (source: OSHA Logs). Willrul Workshcel29 em l'llO.147(d)(J) 2) Wllat Is"f he e\liderte t hat the empl'oye'f knew that tire 6'dhdltlon violafed a standard'or: other: oJ;)Jfgatlon Io,(l\de.r the OSH,A.ct? Cal-Clean has been cited 9 times for various lock out/tag out violations since 2001. The employer was cited 1910. 147(c)(4}{i) during North Carolina State OSHA inspection #304971310 final order April 9, 2003. An employee was standing on a drip pan cleaning around the blade and star wheel of a line driven Foodcraft HM2 halving machine when the employee was pulled into the area of the blade and separator resulting in death. The energy sources were not isolated on the eqUipment. The citation was deleted during the AU (North Carolina Department of Justice) Stipulation and Notice of Settlement, however, in the Court settlement item #12 it states that the respondent will require employees to lO/TO this machine, isolating its energy sources, before employees hand scrub the machine, as to prevent its unexpected energization. Nevin Callaghan and Ignacio Cruz participated in the inspection process. This occurred at Pilgrims Pride Poultry processing plant. The employer was cited 1910.147(c)(4)(i) during North Carolina State OSHA inspection #317840247 final order December 11, 2014. Employees were not utilizing machine specific energy control procedures (LO/TO) which include the isolation of energy sources, when disassembling and cleaning equipment with mUltiple sources of energy. Citation was reduced to OTS. Steven Callaghan signed the informal settlement agreement. The employer was cited 1910.147(c)(4)(ii) during the Federal OSHA inspection #315819946 final order September 6, 2012. Employer did not have energy control procedures and techniques to be utilized for the control and isolation of hazardous energy. Steven Callaghan signed the informal settlement agreement. The employer had a sanitation standard operating procedure for the Giblet/Liver Chiller; the machine the sanitation employee sustained an amputation on, however it did not discuss the isolation of the machine or equip ment from the energy source (s). 3) What is the evidence that the employer knew the OSHA requirements involved? See Section 1 and 2 above. The employer has a corporate lock out/tag out program that discusses general requirements of lock out/tag out in section 7.1.2 General Information, stating authorized employees will utilize a lock to isolate energy sources . In section 8.0, lockout and Tagout Procedures it discusses isolating the machines from the energy sources and energy isolating devices. Section 3.0 Authority, sub section 3.1, references 29 CFR 1910.147. C ~uck Schneider previously worked for Case Farms for two years as a sanitation Willrlll Worksheet 29 e FR 1910. 147(d)(3) supervisor prior to jOining Cal-Clean. Mr. Chuck Schneider is responsible for the CalClean La/TO program and aware of the standard. Case Farms Processing Inc. has specific La/TO procedures for this equipment (Liver Giblet Chiller) that discusses where to isolate the energy sources. The employer provided LO/TO training to some of the affected and authorized employees; gave La/TO equipment locks to each sanitation crew member, and audited them during sanitation tasks. The employer provided OSHA with the company's La/TO training documentation. Cal-Clean had a LO/TO procedure book with Case Farms logo, and marked sanitation with Cal-Clean's name added on the binder. The binder contained machine-specific La/TO procedures for all equipment. However both parties (Case Farms and CalClean) provided contradictory statements. While it appears that a physical exchange of the written machine-specific procedures took place, no actual discussion or crosstraining took place. Tim More provided OSHA with a La/TO specific procedure for the Giblet/Liver Chiller machine, but denied giving any LO/TO machine specific procedures to Cal-Clean; stating in separate interviews: "Case Farms has nothing to do with Cal-Clean's LO/TO procedures, it's all on them". Moreover, at the time of one of the OSHA onsite visits (addressing the amputations), Kevin Grubbs provided OSHA with documentation that OSHA had previously requested of Cal-Clean. When the material was presented to OSHA, Tim More literally snatched the red La/TO binder in question from the pile of requested documentation and would not give it back to OSHA stating "That's ours". Chuck Schneider stated: "Tim More makes out every copy of machine specific procedures. Time More had same LO/TO red book, same cover, minus the Cal-Clean when I was hired at Case Farms Canton Ohio. I don't know who put Cal-Clean on book, it was not a Cal-Clean emplayee. I have not discussed machine specific LO/TO procedures at all with Tim More; however Tim More gave me the red LO/TO book to Willful Wori