Posted Friday, August 10, 2018 12:03 am

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and Carl Cannon Inc., have reached a settlement agreement to resolve citations and penalties issued after five employees were injured, three fatally, in a fire last year.

The company will pay $114,074 in penalties. According to court documents, the settlement included a reduction of the total penalty from $152,099 to $114,074.



OSHA’s investigation determined that the fire occurred as employees used a flammable brake wash to scrub the service pit floor. OSHA cited the company for failing to implement all elements of a chemical hazard communication program, improperly storing flammable liquids, and allowing the use of unapproved electrical receptacles and equipment in a hazardous area.

As part of the settlement, which became final on Aug. 1, the company agreed to correct the hazards, provide the required abatement documentation and comply with safety and health standards.

“This settlement serves as a commitment by the employer to abate identified workplace hazards, and ensure continuous compliance with OSHA safety standards to prevent a tragedy such as this from recurring,” said OSHA Birmingham Area Office Director Ramona Morris.

Three employees — Jake Jennings, 39; Javan Robinson, 20; and Zack Davis, 20 — were killed in the June 12, 2017, fire.

The families of Davis, Robinson and Jonah Johnson, who was severely injured in the fire, have filed lawsuits against Carl Cannon related to workman's compensation benefits and the family of Jennings has filed a wrongful death lawsuit.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance.