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 2007-03-01 Dover company faces fines after investigation in worker's death (By KYLE KONDIK)

Inca Presswood Pallets Ltd. of Dover faces $157,200 in fines after a federal investigation of the death of Michael J. Dean last September alleged that the company had willfully and seriously violated workplace safety standards.

Maintenance worker Dean, 31, of Fresno was crushed under the weight of a hydraulic portion of a plug press at the business at 3005 Progress St.

The U.S. Department of Labor's Occupational Safety and Health Administration announced the citation in a press release Friday. Brad Mitchell, a Department of Labor spokesman, said the penalty amount was higher because willful violations carry the severest penalties.

Inca representatives declined comment, and the company has 15 working days upon receiving the citations to appeal them to the independent Occupational Safety and Health Review Commission.

The commission operates much like a court, and it is unclear how long an appeal would take, Mitchell said.

The complaint alleges that the hydraulic press that fell on Evans had been disabled but not protected by accidental energizing by locking out potentially hazardous energy sources, the release states.

Taking certain safety steps with regard to hazardous energy sources, in circumstances such as this one, can make all the difference in preventing fatalities and serious injuries, said Deborah Zubaty, director of OSHA's area office in Columbus. It should not have been difficult to recognize the hazard and prevent this occurrence.

OSHA also alleged problems with fall protection, confined space, wiring and machine guarding.

A separate wrongful death lawsuit was filed in Tuscarawas County Common Pleas Court on behalf of Dean's widow, Melissa R. Dean, in January. It requests more than $50,000 in damages, and will be heard in Judge Edward O'Farrell's court.


     
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