Company that prevented OSHA inspection held in contempt, fined
A feed processing company that prevented OSHA from inspecting its facility has been found in civil contempt of court and ordered to pay nearly $42,000 in fines.
All-Feed Processing & Packaging in Alpha, Ill. failed to allow OSHA inspectors into its Galva facility between May 4 and July 5, 2011. OSHA was able to conduct an inspection later in the year, and in November 2011, OSHA cited All-Feed for 23 safety and health violations at its facility in Galva, including willful violations of OSHA's air contaminant, respiratory protection and hearing conservation standards. Some violations were cited under OSHA's "general duty" clause, including failing to provide appropriate fire and explosion protection in locations where concentrations of combustible dust existed. All-Feed contested the proposed fines, which total $758,450.
Senior District Judge Joe Billy McDade of the U.S. District Court for the Central District of Illinois, Peoria Division, ordered All-Feed to pay $31,000 in fines for contempt and $10,964.95 in attorney's fees.
McDade also determined that the company's refusal to allow subsequent inspections of its pet food research and packaging facility in Galva unless OSHA would agree to limitations on time and conditions constituted clear and convincing evidence of a deliberate attempt to evade the warrant requirements issued by the district court in May.
All-Feed Processing & Packaging has been inspected by OSHA 12 times since 2000, resulting in significant enforcement actions on six occasions.