WASHINGTON – Pennsylvania poultry processor Birdsboro Kosher Farms Corp. was found in contempt after failing to pay $162,359 in penalties following an inspection by the US Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA).

The agency said it found numerous safety hazards, including willful, serious, and repeat violations.

On Oct. 19, the decision by US Court of Appeals for the District of Columbia Circuit came from two separate 2016 safety and health inspections at the Birdsboro Kosher poultry processing plant. The inspections led OSHA to issue citations for violations related to federal lockout/tagout, hearing conservation and personal protective equipment standards.

Birdsboro Kosher contested the citations with the OSHA Review Commission. After a full hearing on the citations’ merits, an administrative law judge affirmed the initial citations during a Sept. 23, 2019, decision. The commission’s final order came on Oct. 22, 2019.

The company petitioned the US Court of Appeals for review, and the Secretary of Labor filed a cross-application for enforcement.

“OSHA’s safety and health standards protect workers and ensure their jobs don’t expose them to needless risks,” said Secretary of Labor Marty Walsh. “Employers who ignore their responsibility to provide a safe work environment or who deny their legal obligations will be held to account by the US Department of Labor.”

In Dec. 2020, the Court of Appeals denied Birdsboro’s petition for review and granted the Secretary’s cross-application for enforcement. 

According to OSHA, Birdsboro ignored the court’s order, failing to pay the penalties or provide abatement certification. A subsequent OSHA inspection revealed violations of some of the same standards underlying the court’s 2020 order and enforcement decree.

Following this action by the company, Walsh filed a petition on March 18, 2022, for judgment of civil contempt which led the court to order Birdsboro Kosher to pay outstanding penalties plus interest and fees or agree to a payment plan, and certify abatement of the violations, all within 20 days.

Failure to comply will subject the company to sanctions the court deems necessary to compel compliance with its judgment.

“The Department of Labor will continue to use every resource available to ensure workers are safe on the job, including holding employers accountable when they violate laws intended to protect workers,” said Seema Nanda, solicitor of labor.

“The Department of Labor will continue to use every resource available to ensure workers are safe on the job, including holding employers accountable when they violate laws intended to protect workers,” said Seema Nanda, solicitor of labor.