Ministry of Labor Investigation on KB Manufacturing

September, 24 2007 Share


Ministry of Labor inspectors, in January and again in April 2003, found numerous health and safety violations at the KB Manufacturing plant including: lack of proper worker health and safety trainings; excessive heat and noise levels; improper garbage disposal; chemicals inadequately stored; and excessive lint dust in the air due to dirty extractors.

The Ministry gave KB management a failing grade of just 9.54 percent regarding compliance.



First inspection made at KB Manufacturing on January 16, 2003 by Franklyn Melendez Obando,Labor Inspector.
Second inspection made at KB Manufacturing on April 25, 2003 by Franklyn Mlelendez Obando, Labor Inspector


Description of the Infraction

Individual contracts of labor: The management hasn't elaborated twenty contracts for the same number of workers violating art. 23 of the Labor Code which obliges to make two copies of the contract, one of which has to be given to the worker.

In the second inspection of April 25, 2003 the company hasn't made the contract for twenty workers violating article 23 of the Labor Code.


Recommendations to KB Manufacturing

5.1 Obligations for the employer and workers

First inspection January 2003:  5.1.6 The company management in coordination with the representatives of the workers in the Mixed Commission should promote training and education programs so the workers fulfill the instructions for their personal protection. Period: 30 days.

Second Inspection April 2003: The Labor inspector makes exactly the same recommendation as the management didn't reacted to the first recommendation.

5.2 Mixed commissions

First Inspection January 2003:  The hygiene commission must implement in the working plan the meetings that according with the rules, should be made monthly in order to give follow up to the proposal and instruction of Hygiene and Security. Period: Permanent.

Second inspection April 2003:  The Labor Inspector makes the same recommendation as the company didn't reacted to the first recommendation.

5.3. Working Place

First inspection January 2003:  During the inspection we observe that reconstruction work is being made in the boiler area, that before had very bad security conditions. We RECOMMEND in this opportunity to take the necessary security measures in the preventions of risks for the workers (roofs, steam,illumination etc.). Period: 30 days.

Second Inspection April 2003: The same recommendation is made to the company.

First Inspection January 2003:  5.3.11 Also during the inspection it was observed that in the external production area (ironing) of the plant 1, steam is produced, which by the winds is introduced in the working area. The representative of the workers say that they want to cooperate in this matter but in this specific case the gases are going to run through a tube and be directed to green areas - that all depends from the support of the company. Period: 30 days after notification.

Second Inspection April 2003:  The Labor Inspector makes exactly the same observations, nothing has changed. I found odd is that the Labor Inspector asks to the representative of the workers about this issue, but not to the company, although the document is directed to the company.

First Inspection January 2003:  5.3.12 In a period of 45 days the windows that divide the production area with the compress equipment area should be closed definitively, because they produce high levels of noise that goes through production affecting the workers. (The commission could auto-inspect).

Second Inspection April 2003:  The Labor Inspector makes exactly the same recommendation as the company hasn't closed the window.

5.7 Industrial Hygiene at the workplace

First inspection January 2003:  5.7.1 In a period of 30 days after being notified, the management of the company, should order the relocation of the area used as garbage dump (north entrance of the company) because this makes bad appearance to the company as well as biological risks.

Second Inspection April 2003: The labor inspector makes exactly the same recommendation as the garbage dump is in the same place.

First Inspection January 2003:  5.7.7 The cleaning of the ventilators at the workplace should be constant, because during the inspection it was observed that they're all the time full of speck, which is back after transferred to the workers.

Second inspection April 2003: The Labor Inspector makes the same recommendation as the ventilator have not been cleaned.

First inspection January 2003:  5.7.18 We also recommend that through the Mixed Commission the danger situation of the workers in the area of pants be asset, because their working area is contiguous to the boiler which represents a risk. The normal should be to relocate this personnel. Period: 60 days.

Second Inspection April 2003: This recommendation was fulfilled by the administration, the workers were relocated to another place.

5.8 Chemical products

First Inspection January 2003:  5.8.1 In the working areas where chemical products are used (maintenance, boiler) all preventive measures in labor risks should be adopted. In the same way the employer should sent to the Ministry of Labor in Granada, technical records of these products in order to know the danger of them. Period: 6 days after notification.

Second recommendation April 2003: The Labor inspector makes the same recommendation; technical records of the chemical products have not been submitted.


First inspection January 2003:  In a general way we could observe that there are good perspectives to improve the working conditions at this factory, especially in TEMPERATURE in the areas of production plant 1 - because the heat is very intense and the ventilation system is not enough, and in the boiler area, where they explained us that they are projecting the change of the boiler, which will be located out of the area of production. For the moment all de deficiencies should be corrected which was ordered by the Ministry of Labor and will be checked on April 2003.

Second Inspection April 2003: exactly the same observations were made as the management has not fulfilled with the observations.

First inspection January 2003:  We recommend improving the presentation of the pay stub to be more specific. That the control of the hours of the workers with a fixed salary should be translated to Spanish to make the access easier to the workers and the labor inspectors."

Second Inspection April 2003: This las observation doesn't appear so it means it has been fulfilled by the management.

"The employer has fulfilled with 9.54 percent of the corrective measures oriented by the Labor Inspector" :  Second Inspection April 2003.

First Inspection:

Granada, 10:00 a.m. on February 3, 2003.

Monica Osorno, Human Resources Manage, KB Manufacturing
Angel Avalos, General Secretary, Edgar Roblero Union
Guillermo Sandino, Labor Affairs, Edgar Roblero Union
Franklin Melendez, Labor Inspector, Labor Inspection, Granada

Sealed: KB Manufacturing and Ministry of Labor

Second Inspection:

Granada, May 8, 2003


Monica Osorno, Human Resources Manager, KB Manufacturing
Franklin Melendez Obando, Labor Inspector - Labor Ministry, Granada
Angel Avalos, General Security, Edgar Roblero Union


Sealed: K.B. Manufacturing, Ministry of Labor and Edgar Robleto Union.