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Incident where 3 men electrocuted at Manu’a store still pending with OSHA

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fili@samoanews.com

Pago Pago, AMERICAN SAMOA — The US Occupational Safety and Health Administration (OSHA) appears to be moving toward a settlement in the case where three men were electrocuted and died in January 2017 at the Manu'a Store compound in the Tafuna Industrial Park in American Samoa.

As previously reported by Samoa News, OHSA’s report shows that Manua’s Inc — as identified in OSHA public records — was issued five violations on June 2017 with four of them labeled “serious” with a proposed fine of $8,873 for each serious violation. The fifth violation is labeled “other” with no fine imposed.

The proposed penalty or fine for the serious violations totals $35,492 and the violation was contested in July 2017 by Manua’s Inc.

For the past several of days, Samoa News received inquiries as to the status of OSHA’s case with Manua’s Inc., after OSHA settled and closed last month its investigation into the death of a fisherman who fell over board at a US vessel docked at the Samoa Tuna Processors Inc., wharf in October of last year.

As of last week Friday, OSHA public records gave a new update, with “case status” as “pending abatement of violations, pending penalty payment” but the case remains open.

Additionally, the four serious violations remain intact while the “other” violation is dismissed. Furthermore, the initial penalty total of $35,492 is also the “current penalty”.

Because the case remains open, OSHA — a bureau of the US Department of Labor (USDOL) — has no comments. However, a USDOL spokesman had explained to Samoa News late last year — for background information — that a serious violation is where there is substantial probability that death or serious physical harm could result from exposure to the hazard.

Furthermore, payment is required once the citations become a final order and this will occur once the contest is adjudicated.

According to the OSHA fatality summary investigation, at 11a.m on Jan. 14, three employees were unloading and staging structural metal beams with a boom truck crane.

It says the truck mounted crane was unloading steel beams from an open top container when the boom truck cable touched a high power line causing electrical current to flow down the steel beam into the arms and bodies of the three employees who were on the ground. All three employees were electrocuted.

OTHER OSHA ISSUES

OSHA published Nov. 7 a final rule that clarifies certification requirements for crane operators, and maintains the employer’s duty to ensure that crane operators can safely operate the equipment. The final rule, which becomes effective Dec. 9 this year, will maintain safety and health protections for workers while reducing compliance burdens, according to OSHA. Special details on this final rule online: <www.osha.gov>.