A few weeks ago, our workers' compensation law blog reported on a tragic story in which two employees were killed and another employee was injured in an accident at a recycling plant in Lamont, California.

To recap, it is suspected that there was very little oxygen and a high concentration of noxious gases in the tunnel where the men were working at Community Recycling & Resource Recovery Inc. (Community Recycling). Under such conditions, employers must provide breathing and airflow equipment in order to ensure the health and safety of employees. Here, it is believed that the workers were not provided with any such protective equipment and ultimately succumbed to the fumes.

In recent developments, officials in Kern County have a hearing scheduled for next week on whether to modify, suspend or revoke the operating permit of Community Recycling.

Interestingly, the public notice posting for the hearing - released earlier this week - sets forth new allegations against Community Recycling concerning potential violations of worker safety and public health.

While the gravity of these alleged safety violations is currently unknown - the staff report compiled by Kern County officials is not scheduled to be released until later today - the public notice does specifically reference violations of California Division of Occupational Safety and Health (Cal/OSHA) worker safety standards.

Here, officials who have not yet had a chance to review the full charges against Community Recycling are speculating that the matter of the Cal/OSHA work safety violations may only have to do with last month's tragic accident.

"You have two people who died," said County Public Health Director Matt Constantine. "So, from a layman's perspective, it seems to me [that Community Recycling was not] providing a safe environment."

It remains to be seen what action the Kern County Board of Supervisors will take if Community Recycling is found to have violated any conditions of their operating permit.

Stay tuned for further updates on this story from our San Diego workers' compensation blog ...

This post was for informational purposes only and is not to be construed as legal advice.

Source:

The Bakersfield Californian, "County alleges new safety, land-use violations at composting company" Nov. 9, 2011