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Lowenthal & Abrams
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610-667-7511
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555 City Line Avenue
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Jeffrey P. Lowenthal
Dennis M. Abrams
Esther M. Gallagher, M.D.
James B. Mogul
John L. Aris
Edward B. Feiner
Richard Zemble

 



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Wrongful Death in Philadelphia Due To Company's Negligence

PHILADELPHIA -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has issued citations and signed a settlement agreement with Stone Container Corp., a subsidiary of Smurfit-Stone Container Corp., Philadelphia, following the investigation of a fatal accident last September. "This tragic death should have been prevented," said Secretary of Labor Elaine L. Chao. "To ensure that workplace fatalities continue to decline, we must make sure that employers protect employees from hazards. The significant penalty of $231,000 OSHA has imposed and the company has agreed to pay sends a strong signal that worker health and safety is of utmost importance."

The citations all address deficiencies related to powered industrial trucks. As part of the settlement agreement, which takes effect March 26, Stone Container has agreed to: institute an annual audit program with an outside consultant that addresses all safety issues, particularly repair, maintenance, inspection and operation of powered industrial trucks; train its mechanics in proper repair methods and ensure that repair and preventative maintenance logs are kept for each powered truck; conduct an annual "safety stand down day" to conduct safety training; corporate management of Stone Container will assure that each of the Corrugated Container facilities will conduct training in the safe operation and maintenance of Powered Industrial trucks.

Stone Container Corp. manufactures paperboard and paper-based packaging and employs 50 workers at its Philadelphia plant. In the September 2003 accident, a worker died after being crushed between the forklift he was operating and an industrial clamp truck operated by a co-worker.

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