NEW ULM - The New Ulm-based Associated Milk Producers Inc. (AMPI) is facing accusations of willful safety violation from federal regulators.
The citation was announced Monday by the U.S. Occupational Safety and Health Administration (OSHA), stemming from its investigation into a death at AMPI's Blair, Wis. facility.
A willful safety violation citation is rare, accounting for only 5 percent of all of OSHA's citations. OSHA standards say that the citation is issued when an employer has demonstrated an intentional disregard for law or employee safety. The "willful" citation is the most severe citation that OSHA can impose. AMPI could face fines totaling $72,500.
The inciting incident occurred on Aug. 23, 2010, when George Oberding, an independent milk hauler working for AMPI through the Bechel Brothers trucking firm, fell to his death from the top of his truck. Oberding was not wearing fall protection equipment at the time of the accident, which was required for all AMPI employees.
Bechel Brothers and seven other independent trucking firms that work for AMPI, are also facing "willful" citations.
OSHA spokeswoman Rhonda Burke said the decision to give AMPI a "willful" citation comes from the fact that the company's 12 other Midwest facilities have adequate fall protection equipment, demonstrating the company's knowledge that it is a necessary safety requirement.
"They are responsible for safety even if they are not directly their employees," said Burke.
AMPI spokeswoman Sheryl Meshke said that Oberding was an independent worker whose company chose not to require him to use fall-protection equipment. She said that following the incident, AMPI updated its safety standards to require anyone who works with the company to use fall-protection equipment.
When asked why independent truckers were not also required to conform with AMPI safety regulations at the time of the incident, Meshke said the she did not know. She said that she would be looking into the decision process behind the initial regulation.
Burke said that AMPI now has 15 days to notify the OSHA regional area director in Eau Claire, Wis. to organize an informal conference. She said that at the conference, AMPI will be able to review the details of the citation. She also said that OSHA will be able to reduce the citation if it feels that AMPI has taken sufficient steps to improve safety.
Burke said that if AMPI is still dissatisfied after the conference, it will be able to appeal the citation in court.
AMPI is a dairy marketing cooperative with approximately $1.4 billion in annual revenue and 3,200 members operating dairy farms in Minnesota, Wisconsin, Iowa, Nebraska and the Dakotas.
(Josh Moniz can be e-mailed at jmoniz@nujournal.com)