Company that provides rides at the State Fair disputing federal fine
By Kate WhiteJanuary 15, 2012
CHARLESTON, W.Va. -- The company that has provided amusement rides at the West Virginia State Fair since 1990 is contesting a federal citation arising from a near fatal injury to a ride operator last year.
The U.S. Occupational Health and Safety Administration cited Reithoffer Shows Inc., based in Gibsonton, Fla., with a "serious" violation and proposed a penalty of $6,300.
The action came after ride operator, Adolfo Dominguez, 25, of Mexico was critically injured Aug. 20, 2011, when he stepped in the path of a ride called The Speed. He was in a coma for weeks with a brain injury.
Dominguez was working for Reithoffer on a work visa, according to Mindy Kolbus, risk manager for the company.
The company was cited for failing to provide proper guarding to prevent contact with the ride or patrons while the ride was in motion.
According to OSHA's machine guarding regulations, "one or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks."
Thomas Jones of Brandon, Fla., who inspected the carnival rides at the fair last year, told the Gazette in September that safety changes should be made after the incident left Dominguez in critical condition. Jones suggested the company install a barrier to separate the operator from the motion of the ride.
"There is no gate on that specific ride that keeps the operator off the platform," Jones said. The ride is an older model that has the controls to the ride on the platform, where Dominguez was standing, Jones said.
Kolbus said in September that the company was considering painting a yellow line, where Jones suggested a barrier be put in place.
In October, Dominguez was moved from Charleston Area Medical Center to a recovery center in Conroe, Texas, where he would undergo rigorous physical therapy, Kolbus said. She did not return phone calls Friday.
Joanna P. Hawkins, OSHA's deputy regional director, said a conference has been scheduled for "the coming weeks" with Reithoffer to discuss their contention of the citation. Because the meeting is private, Hawkins would say when it would take place. She also said that because Reithoffer's case has been contested, OSHA could not comment on the violation.
Reithoffer has a history as the subject of federal safety investigations, according to OSHA's website. In 2007, the company was cited for two alleged violations at two Pennsylvania carnival sites, with proposed fines totaling $62,000.
At a carnival in Bensalem, Pa., an OSHA investigation resulted in "a citation for one alleged willful violation due to the company's failure to provide employees with adequate fall protection. The agency has proposed a $56,000 fine," according to a release issued by the U.S. Department of Labor. It was not clear Friday if that incident had been resolved.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.
CHARLESTON, W.Va. -- The company that has provided amusement rides at the West Virginia State Fair since 1990 is contesting a federal citation arising from a near fatal injury to a ride operator last year.
The U.S. Occupational Health and Safety Administration cited Reithoffer Shows Inc., based in Gibsonton, Fla., with a "serious" violation and proposed a penalty of $6,300.
The action came after ride operator, Adolfo Dominguez, 25, of Mexico was critically injured Aug. 20, 2011, when he stepped in the path of a ride called The Speed. He was in a coma for weeks with a brain injury.
Dominguez was working for Reithoffer on a work visa, according to Mindy Kolbus, risk manager for the company.
The company was cited for failing to provide proper guarding to prevent contact with the ride or patrons while the ride was in motion.
According to OSHA's machine guarding regulations, "one or more methods of machine guarding shall be provided to protect the operator and other employees in the machine area from hazards such as those created by point of operation, ingoing nip points, rotating parts, flying chips and sparks."
Thomas Jones of Brandon, Fla., who inspected the carnival rides at the fair last year, told the Gazette in September that safety changes should be made after the incident left Dominguez in critical condition. Jones suggested the company install a barrier to separate the operator from the motion of the ride.
"There is no gate on that specific ride that keeps the operator off the platform," Jones said. The ride is an older model that has the controls to the ride on the platform, where Dominguez was standing, Jones said.
Kolbus said in September that the company was considering painting a yellow line, where Jones suggested a barrier be put in place.
In October, Dominguez was moved from Charleston Area Medical Center to a recovery center in Conroe, Texas, where he would undergo rigorous physical therapy, Kolbus said. She did not return phone calls Friday.
Joanna P. Hawkins, OSHA's deputy regional director, said a conference has been scheduled for "the coming weeks" with Reithoffer to discuss their contention of the citation. Because the meeting is private, Hawkins would say when it would take place. She also said that because Reithoffer's case has been contested, OSHA could not comment on the violation.
Reithoffer has a history as the subject of federal safety investigations, according to OSHA's website. In 2007, the company was cited for two alleged violations at two Pennsylvania carnival sites, with proposed fines totaling $62,000.
At a carnival in Bensalem, Pa., an OSHA investigation resulted in "a citation for one alleged willful violation due to the company's failure to provide employees with adequate fall protection. The agency has proposed a $56,000 fine," according to a release issued by the U.S. Department of Labor. It was not clear Friday if that incident had been resolved.
Reach Kate White at kate.wh...@wvgazette.com or 304-348-1723.
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