By Sara Strong
An OSHA investigation of a December electric accident resulted in $56,000 in fines for the city of Luverne.
The Minnesota Occupational Safety and Health Division cited Luverne for "willful" violations in the Dec. 3 electrical accident. Injuries from that accident left Fulda Electric employee Phillip Kramer without his left hand and part of his forearm.
The city received two citations for $28,000 each:
One citation was for failing to properly de-energize, or turn off power. In this case the electrical equipment operated at 14,000 volts.
Part of the city's citation is that it allowed Fulda Electric electricians to enter the west substation when they were "not qualified to work on or near electrical equipment energized at distribution voltages."
The second citation was also called willful. In it, the city was determined to have not tested or otherwise determined the power source to be turned off, even if it believed it to be de-energized.
Willful violations are the most severe that OSHA hands out for one-time incidents. They carry a minimum fine of $25,000.
"This is what OSHA is determining right now," City Administrator Matt Hylen said. That doesnÕt mean the city agrees with OSHA's findings.
Hylen said City Attorney Don Klosterbuer and the League of Minnesota Cities Insurance Trust are working on appealing the amount of the fine and the designation of violations as "willful." They have 20 days to start the appeals process.
"We know our deadline, and we're trying to get it done," Hylen said.
Hylen gave a rough estimate of legal fees at less than $5,000 for an appeal. If the appeals process favors the city and the violation status drops to "serious," the city could pay as little as $14,000 in fines rather than the $56,000.
Hylen said that even in the case of tragic accidents, part of his job is to remember to look out for taxpayer interests by keeping expenses as low as possible. Any fines the city pays will come out of the electric fund.
OSHA normally investigates injuries on behalf of employees. But at the time of the accident Kramer was doing work on the city of Luverne's electrical upgrading project. Under OSHA's classifications, he was considered a sort of employee under the multi-employee rule.
The city and its insurance trust are further looking into the causes of the accident. Hylen said a city employee or employees may face disciplinary action or termination.
The city is reluctant to elaborate on events that caused Kramer's injuries because of possible civil litigation in the future. The city does have insurance that would cover those costs, so those wouldnÕt come out of the regular electric fund.
Another electrical accident that killed a cable worker in Luverne Oct. 20 is still under investigation. OSHA has until April 20 to cite the city if it is found to have been in violation.
In-house safety
As the city has had a difficult year with the two major electrical accidents, Luverne was still called "phenomenal" by a Minnesota Municipal Utilities Association safety coordinator.
Kurt Rothwell presented the Luverne City Council an overview of the safety training programs with full-time city staff.
For almost five years, no city employee has had an on-the-job injury that caused him or her to miss work.
Rothwell said most cities have about two per year.
His job covers mostly safety training with some investigative work. Full-time city employees are trained in various safety-related subjects - from blood-borne pathogens to stress management.
If there is an incident, Rothwell said his function is to train from that to prevent it from happening again in any location within his southwest region.