DOL Cites Goods Transport Provider for Safety Violations

DOL Cites Goods Transport Provider for Safety Violations

Rail Modal Group LLC faces $261,375 in proposed penalties.

Following reports of a worker struck by a semi-tractor-trailer at a grain yard, OSHA inspectors cited Latham, New York-based Rail Modal Group LLC with 23 violations.

According to a recent release, the yard manager in Fremont, Nebraska was directing traffic in a congested storage yard when the incident occurred on January 2, 2024. An OSHA investigation had already in process since November 2023, following allegations of unsafe working conditions relating to struck-by vehicle hazards.

“Being struck by moving vehicles is one of the most deadly and common hazards on job sites. Employers must conduct risk assessments, implement engineering controls and take all necessary precautions to protect workers from this danger,” OSHA Area Director Matt Thurlby in Omaha, Nebraska, said in a statement. “Employers who implement safety and health programs that address the hazards unique to their operations and train workers on how to avoid injuries can help prevent similar tragedies and ensure all workers go home safely at the end of their shifts.”

Ultimately, OSHA cited Rail Modal Group for 21 serious and two other-than-serious violations, including failure to protect workers from struck-by hazards, inadequate fall protection, lack of permit-required confined space protocols, insufficient machine guarding and deficiencies in powered industrial truck safety measures. 

Additionally, the company was found to be non-compliant with OSHA’s grain-handling safety standards and had failed to implement a hazardous communication program to train workers about potential hazards at the facility. All in all, OSHA imposed proposed penalties totaling $261,375. 

Rail Modal Group now has 15 business days to comply with the citations and penalties, request an informal conference with OSHA, or contest the agency’s findings.

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

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