The Andersons Inc. has been fined nearly $292,000 by a federal agency that said company safety violations led to the deaths last July of two men who suffocated after becoming trapped inside a grain storage tank owned by the local agribusiness.
The Occupational Safety and Health Administration cited The Andersons Inc., which is headquartered in Monclova Township, for grain handling, and walking and working surfaces violations in the July 19 accident.
Joshua Stone, 29, of Rossford, and James Heilman, 56, of Perrysburg, both died after they and another man attempted to break up compacted grain blocking a hole and ruptured an air pocket that caused the grain in the tank to collapse around and on them, according to a coroner’s report.
OSHA proposed a fine of $291,716 and cited The Andersons for two willful and two serious violations for failing to develop an emergency action plan that included procedures for grain rescue and coordination with local rescue services, and not powering down nor disconnecting grain equipment before employees entered the bin.
The agency also cited the company for requiring employees to enter grain storage bins on foot with engulfment and avalanche hazards present, and for exposing employees to fall hazards from uncovered floor holes.
“Employers are required to follow safety standards and train their workers on grain storage hazards to prevent tragedies such as this,” OSHA Principal Deputy Assistant Secretary Loren Sweatt said in announcing the fine. “OSHA has free resources available to help employers understand how to comply with safety and health regulations, as well as worker training to recognize hazards and dangerous working conditions.”
In a statement, The Andersons said it “has cooperated with OSHA throughout its investigation of this incident and will continue to take steps necessary to assure compliance with OSHA’s safety standards. We have just received the OSHA citation and cannot comment any further on it at this time. Our team is still deeply shaken by this tragedy as our thoughts and prayers remain with the families of these employees.”
The Andersons will have 15 days to contest the fine. But OSHA said that as a result of the incident it has placed the agribusiness in its Severe Violator Enforcement Program.
According to OSHA’s website, the Severe Violator Enforcement Program concentrates OSHA resources on inspecting employers who have demonstrated indifference to their federal safety act obligations by committing willful, repeated, or failure-to-abate violations.
Enforcement actions for severe violator cases include mandatory follow-up inspections, increased company/corporate awareness of OSHA enforcement, corporate-wide agreements where appropriate, enhanced settlement provisions, and federal court enforcement under section 11(b) of the Occupational Safety and Health Act.
At the time of the accident, the silo was not full, but held an estimated 180,000 bushels of grain. There also was extreme heat that day with a high temperature of about 95 degrees and excessive humidity.
Federal safety standards require use of a harness and attached lifeline when entering a grain bin or silo. Workers also are supposed to ensure that the air is of sufficient quality and an observer should be posted on site. Loading or unloading machinery is required to be locked out so it will not turn on.
According to Purdue University's Agricultural Safety and Health Program, there were 1,462 reported cases of individuals dying, being injured, or requiring emergency extrication involving grain storage and handling facilities nationally between 1962 (the year Purdue began collecting data) and 2018. Of these cases, 1,225 involved entrapment or engulfment in grain.
Between 2008 and 2018, the number of entrapment cases ranged from a low of 23 to a high of 59. There were 30 such cases reported in 2018, half of which were fatalities.
First Published January 16, 2020, 8:18 p.m.
