Yakama mill fined $145,500 over safety violations

YAKIMA, Wash. -- Yakama Forest Products has been hit with $145,500 in fines for safety violations following a federal probe into the accidental death of a maintenance worker in September.

It was the second time that an on-the-job death led to such an investigation and federal fines at the White Swan mill.

James Espinoza, 62, was working on a planer on Sept. 9, 2010, when its heavy canopy door collapsed and crushed on him when the hydraulic cylinder that supported it failed.

Marion Espinoza said her husband would still be alive if the mill was following federal safety standards, and that the fines won't bring him back.

"I don't know if there will ever be any closure," she said during a telephone interview Wednesday. "That doesn't replace him."

OSHA's 17-page investigation outlined several safety violations, including many of the same ones noted in a similar probe after 20-year-old Fort Simcoe Job Corps student Tyler Challinor was crushed to death in January 2010 when the large forks of a front-end loader he was working on fell on him. Like the canopy door, a hydraulic cylinder that supported the forks failed.

A safety locking bar to prevent the forks from falling in such an event was nearby but not used, the investigation found.

That investigation resulted in the mill being slapped with nearly $60,000 in fines.

In addition to noting a lack of warning signs, the recent investigation found repeated violations that included lack of procedures for shutting down or disabling equipment to prevent an accident and a lack of safety rails or guards on such equipment. The probe also found that the company lacked safety locking devices on such equipment, also a repeat violation.

"We found on different equipment that similar standards had been violated," said OSHA Area Director David Baker in Bellevue, Wash.

The mill has until March 18 to fix the problems or 15 working days to contest the findings.

Yakama Tribal Council Chairman Harry Smiskin said Wednesday that the mill intends to fix the problems and seek a settlement with OSHA.

Yakama Forest Products is owned and operated by the Yakama Indian Nation. It converts timber harvested from its forest southwest of Yakima into stud lumber.

"Obviously, we misstepped twice," he said. "We won't misstep a third time. Obviously, we need to put in place a more aggressive safety plan at YFP."

After fixing problems related to Challinor's death, the mill paid OSHA just under $30,000 in fines in a negotiated settlement, Baker said.

Marion Espinoza said she hopes the mill will get it right this time,

"Maybe they'll have to realize this time that things will have to be fixed properly," she said. "It's not just my husband, it's their own tribal members (who largely work there) that need protection."

* Phil Ferolito can be reached at 509-577-7749 or pferolito@yakimaherald.com.