The US Occupational Safety and Health Administration (OSHA) has proposed penalties of USD168,700 against Ecorse-based Nicholson Terminal & Dock Co.
A 62,000 lb. (27,900 kg) forklift carrying a 40,000 lb. (18,000 kg) steel coil struck and killed a 62-year-old dock worker at the firm's Detroit terminal on 19 November 2013.
OSHA issued two willful and seven serious safety citations and placed Nicholson in the agency's severe violator enforcement program for employers demonstrating indifference through willful, repeated or failure-to-abate violations.
Because Nicholson neglected its training responsibility, "a worker tragically lost his life", says Larry M Johnson, OSHA area director in Lansing, Michigan. "A worker's life should never be the cost of doing business."
OSHA issued willful citations to Nicholson both for modifying a forklift without obtaining manufacturer approval and failing to establish vehicle routes or traffic rules and post signs to indicate the existence of pedestrian traffic where employees work. The proposed penalty for each willful citation is USD70,000.
The serious violations involved forklift safety including failure to train employees on operating instructions, warnings and precautions listed in the operator's manual; maintain vehicles in safe working order; and direct employees to sound the horn when visibility was obstructed. Other citations involved failing to conduct monthly crane inspections and test cargo gear for load capacity.
OSHA says Nicholson removed a light beacon and overhead rear-view mirror from a Taylor model TY620L forklift, failed to stop a leak of hydraulic fluid on mast tilt cylinders of a Taylor model TE-450M and did not properly maintain a Taylor forklift. In addition, insufficient inspections led to the failure of safe-working-load markings and functional components of two Manitowoc model 4100-W lattice boom crawler cranes.
Nicholson, employing about 75 workers, offers stevedoring services and processes general cargo through marine terminals in Detroit and Ecorse. Nicholson has the largest terminal facilities in the state of Michigan with 5,500 ft. (1,676 m) of dock length, 199,800 sqft. (18,561 sqm) of covered storage and more than 80 acres of yard space.
OSHA is an agency of the US Department of Labor.