Appellate court calls for higher penalty in conveyer-belt injury case

An appellate court affirmed a citation levied against a produce processor after a worker was seriously injured after being caught in a conveyer belt.

In Oregon Occupational Safety and Health Division v. Stahlbush Island Farms Inc., the Oregon Court of Appeals on Wednesday agreed with an administrative law judge that the belt should have been guarded but remanded the case for an increased penalty after holding that the judge exceeded his authority by rating the hazard as low.

Stahlbush Island Farms, based in Corvallis, Oregon, processes and packages fruits and vegetables. While an employee was clearing produce from an elevated tub where it was conveyed before being steam peeled, he pushed the underside of the conveyer belt with his foot when it suddenly began to move. His foot was caught in the belt roller, known as the “nip point” and he suffered serious injuries.

The Oregon Occupational Health and Safety Administration cited Stahlbush Island Farms for having an unguarded nip point, but the processor argued that the nip point was in a guarded location and it was impossible for the belt to be contacted inadvertently. The agency rated the nip point as a medium hazard and assessed a penalty based on that probability rating.

An administrative law judge affirmed the citation, holding that the nip point was a hazard. However, the judge found that the probability of the nip point presenting a hazard was low and reduced the penalty.

Both parties sought review of the judge’s decision, and the appellate court affirmed the citation but remanded the order for reconsideration of the penalty. The court agreed with the judge that the belt did create a hazard, holding that just because employees might not regularly come into contact with the belt didn’t negate the possibility that a worker could do so through inattention, carelessness or other behaviors.