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Kinsman company faces OSHA citations

KINSMAN — The workplace death of a 37-year-old woman led to four citations against McGill Septic Tank Co. The woman was fatally injured in April after she was pinned between a forklift and a flatbed trailer at the company’s site in Kinsman.

The U.S. Occupational Safety and Health Administration issued four serious citations against McGill Septic Tank Co. following an investigation into the April 26 death.

After McGill challenged the OSHA fines, a representative said the case now moves to the Occupational Safety and Health Review Commission, which is an independent federal agency responsible for the final dismissal.

A beneficiary law judge will conduct a thorough review of OSHA’s findings to determine their accuracy and make a final determination. This process can take up to a year, depending on the circumstances. If an agreement cannot be reached between OSHA and the company, the case may proceed to trial, further extending the time line.

According to OSHA’s findings, Jennifer Plant stepped into the path of a forklift as a co-worker maneuvered it to load a 4-foot by 4-foot concrete catch basin riser onto a trailer. The forklift pinned Plant against the trailer, causing fatal injuries. She was pronounced dead at a local hospital after emergency services responded to the scene.

OSHA issued citations Aug. 6 that identified multiple safety failures at McGill Septic Tank Co., including violations related to powered industrial vehicles (PIVs). The agency levied an initial penalty of $43,324, which the company has contested.

OSHA’s citations cite deficiencies in forklift safety, including inadequate training, failure to certify operators, and insufficient safeguards to prevent employees from entering hazardous zones. While the company contests the findings, OSHA maintains that these lapses contributed to the fatal incident.

This is not the first time McGill Septic Tank Co. has faced scrutiny from federal safety officials. A representative from OSHA provided insight into a previous inspection at McGill Septic Tank Company in 2013.

During that inspection, a spokesperson explained the company faced two serious violations and two other-than-serious violations.

Following an informal conference, McGill Septic Tank Company paid $2,420 in penalties. The violations included issues such as debris on the floor, electrical strain on cords, failure to conduct periodic inspections of energy control procedures and failure to certify powered industrial vehicle operators every three years, as required.

OSHA’s investigation from the April incident, which is still open, aims to determine whether the company violated federal safety standards and what corrective actions are necessary. Under federal law, the agency has six months to complete its probe.

McGill Septic Tank Co., 8913 Williamsfield Kinsman Road, said it was not providing a statement regarding the incident or the citations at this time.

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