Vertex cited for two ‘serious’ safety violations, fined thousands

WILMINGTON, NC (WWAY) — Wilmington’s newest mass production company is facing two serious safety violations and $7,700 in fines.

The NC Department of Labor’s Occupational Safety and Health Administration cited Vertex Railcar Corporation with two safety violations after inspecting the facility on Feb. 12. Both violations are designated as “serious.”

According to the report, the first citation was a safety hazard involving a forklift.

“The employer allowed employees to us a JCB 520-50 forklift, which did not have a positive control, to move the railcar to the huck gun station,” the report said. “Other employees entered the crushing hazard area to assist in stopping the railcar at the designated location and were exposed to struck by hazards associated with a moving railcar.”

That violated came with a $5,600 fine.

The second serious safety violation involved employees having to climb a 12 foot ladder.

“Employer allowed employees to climb and descend a 12 feet Werner portable reinforced plastic ladder while carrying a huck gun with attached hydraulic lines, weighing approximately 25 pounds,” the report said. “The employee(s) did not maintain a firm hold on the ladder when ascending or descending the ladder.”

The violation also said that the ladder did not have legible and visible labels that designated danger, caution, and safety first. It said the labels had been painted over. This citation came with a $2,100 fine.

After citing Vertex, the NC Department of Labor also filed a notice of contest with the Occupational Safety and Health Review Commission of North Carolina.

Vertex Spokesman Foster Sayers commented on the violations in an e-mail to WWAY.

“It is our primary goal at Vertex to provide a safe and healthy work environment for all of our employees. The two OSHA violations in question, issued on February 22, 2016, are referred to as General Duty Violations. They are classified as General Duty Violations because OSHA 1910 General Industry Standards do not provide any guidance concerning railcar movement and fiberglass ladders. Vertex is cooperating with and assisting the North Carolina Department of Labor in their inquiry of these matters, and will continue to do so. However, because Vertex is in the process of contesting these violations, we are unable to comment further on the issue. We will continue to hold ourselves to the highest possible safety standards, keep our employees’ best interests top-of-mind, and strive to maintain a safe, healthy work environment in which our employees can thrive.”

The case is now in the hands of the NC Occupational Safety and Health Review Commission.

According to its website, the NC OSH Division is responsible for the enforcement of occupational safety and health standards. It also offers on-site consultation services which help employers comply with NC State Plan and OSHA standards and identify and correct potential safety and health hazards.