Inspection Detail

Inspection: 1502365.015 - Bimbo Bakeries Usa, Inc.

Inspection Information - Office: Department Of Labor, Licensing, And Regulation Division Of Labor And Industry Maryland Occupational Safety And Health

Investigation Summary

On September 23, 2020, an employee was working for a commercial bakery. He and Coworker #1 had been called to perform maintenance on the #1 bagger, which was being operated by Coworker #2. The employee had his left arm on the bagger housing as he examined the machine, when Coworker #2 came over and opened the housing door. After that, accounts of the incident varied. During a discrimination investigation, the employee reported that he had been pushed and shoved by Coworker #2 and had suffered a torn rotator cuff. This account was at odds with a video of the incident provided by the firm's food safety manager. It showed the employee and Coworker #1 at the bagger machine. The employee had his left arm on the housing when Coworker #2 came over, slightly brushed against the employee, and opened the housing access door. As Coworker #2 opened the door, the employee lowered his left arm. The employee continued to examine the bagger machine, and then he and Coworker #1 walked away. The employee never showed any sign of injury to his left arm or shoulder. The union representative, who had viewed the video, described the incident as a "nothing incident." Alternatively, Coworker #1 reported in a written statement that while he and the employee were looking at the bagger, Coworker #2 came up quickly behind them and forced his way through them to open the bagger door and stop the bagger, with Coworker #2 shoving Coworker #1 to get between him and the employee. Coworker #1, upset, went on his break to calm down. He added that although he had never seen Coworker #2 place his hands on any other employee, Coworker #2 had been involved in verbal altercations with employees. As the inspector was securing Coworker #1's written statement, the interview was abruptly stopped by the production manager, and the inspector was escorted from the building. Since nothing on the video indicated any hostility, violence, or assault, no citations were recommended. The employee was not hospitalized.

Keywords: Bakery, Maintenance, Packaging, Packaging Machine, Packaging Machinery, Rotator Cuff, Service Technician, Shoulder, Technician, Workplace Violence