Page 53 - Render Apr.23
P. 53

                                     choice present during the interview, which can include the                                                       OSHA commonly cites manufacturers for failing to guard                              Employers who either ignore known pinch points, choose to remove guards, knowingly allow employees to remove guards, and/or permit employees to work in unguarded areas during                                                         is a recent example                              lines at its facility, which molded raw materials into flat rectangular plastic sheets. The machinery pulled the sheets through a series of rollers arranged in clusters before        which were sold for use in various products. The machine at issue in the worker’s death         that could be pulled down over one of the exposed sides of the rollers. Criminal charges followed for the employer, despite the fact, according to court documents, the site’s safety rules emphasized that “\\\[m\\\]achine guards are installed as a means of protecting you \\\[the employees\\\] from those parts of the             is in operations. For this reason, these         maintenance is performed and then the guards may be removed only when the        person performing the maintenance.” www.rendermagazine.com The Justice Department maintained that despite the          guards and, in fact, trained employees to bypass guards if         defend the criminal charges, the employer entered into a                                                               points, installing guarding, supervising and training employees to ensure they are not bypassing guarding, and enforcing the employer’s safety rules. Only then (if applicable) will employers be able to prove         employee disregards and bypasses machine guards.        shows the perils for employers who fail to enforce safety rules and fail to respond         moving guards.                  with guarding and related rules, but as we have previously                   inspections and (b) consider conducting safety audits and                  (and does) use nonprivileged audit documents that evidence       R  Render   51 


































































































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