United Ethanol to contest OHSA violations filed after fatality

By Holly Jessen | November 19, 2013

United Ethanol LLC, a 48 MMgy plant located in Milton, Wis., has chosen to contest the Occupational Safety and Health Administration violations announced in late October, after a worker was fatally engulfed in corn inside a grain storage bin this spring.

The company respectfully disagrees with the citations and believes the truth will reveal they are unsupported, United Ethanol said in a statement. “The citations are simply allegations, and we do not believe they can be proven,” the company said. “We have exercised our right to appeal so that the truth comes out.”

Companies that file a written notice of intent to contest within 15 working days have their case forwarded to the Occupational Safety and Health Review Commission, which hears contests of OSHA citations made by employers, according to OSHA’s “Employer Rights and Responsibilities” document. The case is then assigned to an administrative law judge and it is typically scheduled for a hearing, which contains the elements of a trial. After the administrative law judge has ruled there is an appeals process, which can be requested by any party.