Scaffolding Collapse Leads to Florida Contractor's $69,168 Fine

Scaffolding Collapse Leads to Florida Contractor's $69,168 Fine

In October 2010, two employees were painting the inside of a water tank when a suspended scaffold device anchored on the outer surface of a roof hole fell through the hole, causing one side of the scaffold to collapse.

February 21, 2011

OSHA has cited M Brothers Paintings Inc. of St. Augustine, Fla., with 15 safety violations following a scaffolding collapse at a Hollywood, Fla., worksite that seriously injured two workers. Penalties total $69,168.
In October 2010, two employees were painting the inside of a water tank when a suspended scaffold device anchored on the outer surface of a roof hole fell through the hole, causing one side of the scaffold to collapse. The two workers fell approximately 25 feet.
"If proper safety precautions had been taken, these injuries could have been prevented," said Darlene Fossum, OSHA's area director in Fort Lauderdale. "It is the employer's responsibility to ensure all aspects of OSHA's standards are followed."
Fourteen serious safety violations were cited with a penalty of $59,928 for failure to inspect the scaffold and its components for defects; ensure the suspension scaffold device could rest on surfaces capable of supporting at least four times the load; protect workers with adequate fall protection; train workers to recognize the hazards associated with the use of shackles as anchor devices on supporting surfaces; and provide a safety and health program that includes hazard prevention and control. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
A repeat citation with a penalty of $9,240 was issued for failing to equip the load end of the wire suspension rope with thimbles. The thimbles can prevent the wire from pitching and abrading while preventing the load from coming into direct contact with the wire. OSHA cited the company in September 2010 for failing to meet the agency's safety standard for scaffolding. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.


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OSHA cites south Georgia manufacturer with 46 serious safety and health violations

OSHA cites south Georgia manufacturer with 46 serious safety and health violations

Feb. 8, 2011

US Department of Labor's OSHA cites south Georgia
manufacturer with 46 serious safety and health violations
US Erosion Control Products exposed workers to combustible dust hazards

SAVANNAH, Ga. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Protech Environmental South Inc., doing business as U.S. Erosion Control Products Inc., following an inspection that uncovered 46 alleged safety and health hazards including worker exposure to heavy accumulations of combustible dust. Proposed penalties total $55,250.

After receiving a complaint, OSHA began an inspection in August 2010 at the company's site in Willacoochee, Ga. Serious citations were issued for violations that included exposing workers to explosion hazards resulting from inadequate dust control, exposing workers to dust without respiratory protection, failing to clean up thick dust accumulations, using unapproved electrical equipment and forklifts in locations that may include flammable or combustible materials, absence of a fire extinguisher in a straw storage area and fire extinguishers missing from their mounts.

Additional serious citations included exposing workers to fall hazards, electrical hazards, obstructed exit routes, hazards related to the use of liquid propane gas, amputation hazards from a lack of machine guards, hazards from damaged forklifts, and hazards related to lack of eye protection and lack of a hearing conservation program. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"Combustible dust is a major safety and health hazard, and employers must recognize and correct hazards that expose their employees to death or serious physical harm," said Robert Vazzi, OSHA's area director in Savannah.

OSHA initiated its Combustible Dust National Emphasis Program on Oct. 18, 2007, to inspect facilities that generate or handle combustible dust that poses a deflagration/explosion or other fire hazard. Following a massive sugar dust explosion at Imperial Sugar's Port Wentworth, Ga., facility on Feb. 7, 2008, that killed 14 workers and injured many more, OSHA revised the combustible dust program to include more inspections and to focus on industries with frequent and high consequence dust incidents. More information on combustible dust is available at http://www.osha.gov/dsg/combustibledust/index.html.

After the inspection, the company moved to Pearson, Ga., where it continues to produce erosion control products using natural materials such as straw.

The company has 15 business days from receipt of the citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by OSHA's area office in Savannah; telephone 912-652-4393. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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 assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

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OSHA fines Chicago-area contractor $60,600

OSHA fines Chicago-area contractor $60,600

Feb. 8, 2011

US Department of Labor's OSHA fines Chicago-area contractor $60,600
for failing to provide trench cave-in protection for workers

BENSENVILLE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has issued Doherty, Giannini & Rietz Construction Inc., an underground contractor located in Bensenville, one willful and one repeat safety citation for failing to protect workers from cave-ins during trenching operations at a Chicago, Ill., jobsite. The company faces proposed penalties of $60,600.

"Cave-ins are a leading cause of worker fatalities during excavations," said Gary Anderson, OSHA's area director in Calumet City, Ill. "This is the fourth time in recent months that OSHA has issued citations to this contractor related to the cave-in protection standard. Workers' safety should be paramount on a jobsite, and OSHA is committed to protecting workers, especially when employers fail to do so."

The willful citation alleges that a Doherty, Giannini & Rietz Construction employee was working in a trench at a depth greater than 6 feet without cave-in protection during a December 2010 inspection. A trench box was present on the site but not installed in the trench. The inspection was conducted under an OSHA national emphasis program on trenching and excavation. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.

The company was issued the repeat citation for failing to establish a safe work zone as regulated by the U.S. Department of Transportation's manual on uniform traffic control devices. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

The company has been inspected by OSHA 27 times since 1988, resulting in 16 prior citations for lack of cave-in protection at various worksites. Four of those violations have been issued since June 2010, including the citation from the December inspection.

OSHA standards mandate that all excavations 5 feet or deeper be protected against collapse. Detailed information on trenching and excavation hazards, adopted by OSHA in the 1980s, is available on the agency's website at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Doherty, Giannini & Rietz Construction has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call OSHA's Calumet City Area Office at 708-891-3800. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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 assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

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OSHA cites Kearny, NJ, pool chemical manufacturer for workplace hazards, proposes more than $70,000 in fines

OSHA cites Kearny, NJ, pool chemical manufacturer for workplace hazards, proposes more than $70,000 in fines

Feb. 7, 2011

US Department of Labor's OSHA cites Kearny, NJ, pool chemical
manufacturer for workplace hazards, proposes more than $70,000 in fines

KEARNY, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Kearny-based Alden Leeds Inc. for exposing employees to safety hazards at worksites located in Kearny and Hackensack, N.J. Proposed penalties total $70,400.

"Employers who fail to follow through on their responsibility to provide safe workplaces will be held legally accountable," said Kris Hoffman, director of OSHA's Parsippany, N.J., area office. "It is vital that Alden Leeds remove these hazards immediately."

OSHA initiated an inspection in response to a complaint, citing Alden Leeds for 23 serious violations with penalties of $66,550 and five other-than-serious violations with penalties of $3,850.

The serious citations are for failing to ensure workers being lifted by a forklift truck had an approved manlift cage; provide sufficient guardrails on work platforms; keep exits clear and mark exit doors; provide stable material storage; evaluate forklift operators every three years; conduct a preventative maintenance program for 2-ton cranes; ensure compressed air used for cleaning did not exceed 30 pounds per square inch; and ensure workers did not use damaged electrical equipment. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The other-than-serious violations pertain to recordkeeping. An other-than-serious violation has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Alden Leeds Inc. has 15 business days from receipt of its citations to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Parsippany Area Office, which can be reached at 973-263-1003. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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 assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

Need Safety Training?  Visit http://safetyhelpers.com/

OSHA secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor

OSHA secures decision affirming willful and serious trenching violations, $91,200 in fines against Boston contractor

Feb. 7, 2011

US Labor Department secures decision affirming willful and serious
trenching violations, $91,200 in fines against Boston contractor

BOSTON – The U.S. Department of Labor has won a decision from an administrative law judge upholding eight citations and $91,200 in fines issued to a Boston contractor for excavation and other construction safety hazards. The department's Occupational Safety and Health Administration cited Shawn Telsi, doing business as Life Time Homes, Green Pines and/or Telsi Builders, following an August 2009 inspection of a construction site at 394 Dedham St. in Newton, Mass.

During that inspection, OSHA found employees working without cave-in protection in an excavation up to 14 feet deep. The excavation lacked a safe means of exit and had piles of soil stored at its edge. Employees also risked impalement upon unguarded steel rebar, falls into uncovered 7-foot-deep holes and injuries from lack of head protection.

OSHA cited Telsi in February 2010, and the company contested its citations and fines to the independent Occupational Safety and Health Review Commission the following month. A hearing was held in Boston on Sept. 28, 2010, before Administrative Law Judge Covette Rooney. Rooney recently ruled, upholding the four willful and four serious citations, and the monetary penalties issued by OSHA.

"Serious, life-threatening hazards remained uncorrected even after they were brought to this employer's attention," said Marthe Kent, OSHA's New England regional administrator. "In one instance, had the unprotected 14-foot-high excavation wall collapsed, it would have engulfed workers who were pouring concrete formwork and crushed them beneath tons of concrete, soil and debris."

"Employers must understand that they cannot disregard standards meant to protect the life and safety of their employees without facing consequences," said Michael Felsen, the Labor Department's regional solicitor for New England. "This decision not only affirms OSHA's findings, it also shows that the Department of Labor will not hesitate to pursue appropriate legal action on behalf of America's workers."

Telsi has 20 days from the date the administrative law judge's decision is docketed with the review commission to appeal. The safety inspection was conducted by OSHA's Andover Area Office in Massachusetts. The case was litigated for OSHA by senior trial attorney Paul Katz of the department's Boston Regional Solicitor's Office.

The Occupational Safety and Health Review Commission is an independent federal agency created to decide contests of citations or penalties resulting from workplace inspections conducted by OSHA. An employer who is cited by OSHA for an alleged workplace health or safety violation can contest the OSHA citation and have the case heard by a commission administrative law judge, who ultimately issues a decision. The judge's decision can then be appealed to the commission, whose members are presidential appointees.

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 assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/index.html.

Need Safety Training?  Visit http://safetyhelpers.com/ 

OSHA cites North Branford, Conn., contractor $53,000 in Proposed Fines

OSHA cites North Branford, Conn., contractor $53,000 in Proposed Fines

Feb. 7, 2011

US Labor Department's OSHA cites North Branford, Conn., contractor
for failing to provide cave-in protection at Stratford, Conn., jobsite
Cherry Hill Construction faces more than $53,000 in proposed fines

BRIDGEPORT, Conn. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Cherry Hill Construction Co. Inc. for alleged repeat and serious violations of workplace safety standards following an OSHA inspection of a worksite in front of 370 Bruce Ave. in Stratford, where the company was installing a catch basin cover. The North Branford contractor faces a total of $53,460 in proposed fines.

OSHA's inspection found a Cherry Hill Construction employee working in an excavation deeper than 5 feet that lacked proper protection against a collapse of its sidewalls as well as a ladder or other safe means of exit. The worker also was exposed to being struck by the bucket of an excavator that was placing gravel in the excavation.

"The unprotected walls of an excavation can collapse in seconds, stunning and crushing workers beneath tons of soil and debris before they have a chance to react or escape," said Robert Kowalski, OSHA's area director in Bridgeport. "Employers must never allow an employee to face such a dangerous situation. Before a worker enters, each excavation must be effectively protected."

OSHA cited the company in 2008 and 2009 for excavation hazards at worksites in North Branford and Orange, Conn., respectively, and in 2008 for lacking safe exit access from an excavation at a North Branford worksite. As a result of these recurring conditions, the employer has been issued two repeat citations with $48,510 in proposed fines for the latest hazards. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Cherry Hill Construction Co. Inc. also has been issued one serious citation with a $4,950 fine for failing to prohibit an employee from working under and within the swing radius of the excavator bucket. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA standards require that all trenches and excavations 5 feet or deeper be protected against collapse. Detailed information on hazards and safeguards related to trenching and excavation is available online at http://www.osha.gov/SLTC/trenchingexcavation/index.html.

Cherry Hill Construction Co. Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with the OSHA area director or contest the findings before the independent Occupational Safety and Health Review Commission. This inspection was conducted by OSHA's Bridgeport Area Office; telephone 203-579-5581. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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 ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

Need Safety Training?  Visit  http://safetyhelpers.com/

OSHA Fines New York Manufacturer $220K

February 3, 2011

OSHA has fined an Upstate New York manufacturer $2200,000 for a range of workplace safety violations.
Syracuse-based Oberdorfer — which manufactures aluminum castings —had 28 alleged violations of workplace health and safety standards, including failing to correct some hazards cited during a previous OSHA inspection, the federal agency said.
OSHA previously cited the company for a variety of violations involving employee overexposure to airborne concentrations of silica, which has been classified as a carcinogen. This newest inspection found the company failed to implement engineering controls to reduce workers' exposure to silica. In addition, the inspection found that an employee who was overexposed to silica lacked a respirator.
"This company was given the time and opportunity to take effective corrective action, yet our latest inspections identified silica-related hazards that either went uncorrected or were allowed to recur. This is unacceptable," said Christopher Adams, OSHA's area director in Syracuse. "The sizable fines levied here reflect the severity and recurring nature of these conditions. They must be corrected - once and for all - to help ensure the health and safety of the workers at this plant."
As a result of its latest inspections, OSHA issued the company two failure-to-abate notices carrying $75,000 in fines for the uncorrected conditions and one willful citation with a $70,000 fine for the lack of respiratory protection. A failure-to-abate notice is issued, and additional fines proposed, when an employer fails to correct previously cited hazards. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.
The company also was issued 21 serious citations with $72,000 in fines for fall, electrical and machine guarding hazards; a locked exit door; lack of a permit-required confined space program and training; failure to develop specific lockout/tagout procedures to prevent the unintended start up of machinery; lack of an eyewash station; and failing to provide training on silica. Finally, the company was issued four other-than-serious citations with $3,000 in fines for inadequate recording of workplace injuries and illnesses.
The company has 15 days to respond to fines and allegations.

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Illinois Roofing Firm Fined $102,000 for Fall Protection Hazards

Illinois Roofing Firm Fined $102,000 for Fall Protection Hazards

The company's willful and repeat safety violations put McEntire's Roofing in OSHA's Severe Violator Enforcement Program.

• Feb 02, 2011

OSHA has issued McEntire's Roofing Inc. of Lincoln, Ill., six citations for failing to provide fall protection for roofers working on residential projects. The company faces penalties totaling $102,000.
The citations are the result of two OSHA investigations, conducted under the agency's Local Emphasis Program on Fall Hazards, which took place in July and September 2010 at jobsites in Bloomington and Lincoln, Ill. Two willful citations carrying $56,000 in penalties were issued after inspectors observed roofers being allowed to operate without fall protection at two-story residential projects. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.
"Falls are a leading cause of injury and death in the workplace," said Thomas Bielema, OSHA's area director in Peoria, Ill. "McEntire's Roofing repeatedly has been cited for not providing adequate fall protection and that is unacceptable. OSHA is committed to ensuring employers abide by the law, which requires commonsense safety practices."
OSHA issued McEntire's Roofing two repeat citations with proposed fines of $42,000 for allegedly not having a grasping handle and/or a ladder extended 3 feet or more above the roofline for workers to access in order to prevent falls. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.
Two serious citations were issued to the company alleging that a damaged ladder was used to access an upper roof area and for failing to have a ladder inspected by a competent person. Those violations carry total penalties of $4,000. A serious citation is issued when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
OSHA standards require that an effective form of fall protection, such as guardrails, safety nets, or personal fall arrest systems, be in use when workers perform residential construction activities 6 feet or more above the next lower level. Detailed information on fall protection hazards and safeguards is available online at http://www.osha.gov/SLTC/fallprotection/index.html.
The company's willful and repeat safety violations put McEntire's Roofing in OSHA's Severe Violator Enforcement Program, which focuses on employers with a history of safety violations that endanger workers by demonstrating indifference to their responsibilities under the law. This enforcement tool includes mandatory OSHA follow-up inspections and inspections of other worksites of the same employer where similar hazards and deficiencies may be present. For more information on SVEP, visit http://www.osha.gov/dep/svep-directive.pdf*.
Prior to the two inspections detailed above, McEntire's Roofing had been inspected by OSHA six times since 2005, resulting in 15 prior citations.


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OSHA fines elevators $1.3 million

Fines and penalties levied in connection with deaths of three employees

posted January 24, 2011

Annawan, Ill. —

Elevator companies in Mt. Carroll and Hillsdale have been fined more than $1.3 million by the Occupational Safety and Health Administration (OSHA) in connection with the deaths of three employees in grain bin accidents last year.
Hillsdale Elevator Co. was fined a total of $729,000 as a result of the death of Raymond Nowland, 49, in an accident at the company’s Geneseo facility. That figure includes $15,000 in fines that resulted from an inspection of the company’s elevator in Annawan.
Haasbach LLC of Mt. Carroll was fined $555,000 following an OSHA investigation of the deaths of workers Wyatt Whitebread, 14, and Alex Pacas, 19, at the company’s elevator in Mt. Carroll. OSHA also levied civil money penalties of $68,125 against the company for “employing anyone less than 18. . .to perform hazardous jobs” prohibited by the Fair Labor Standards Act’s child labor standards, according to a news release issued Monday by OSHA.
The news release said Hillsdale Elevator Co. received 17 “willful citations” with penalties of $714,000. The citations allege eight instances of directing workers to enter bins, silos or tanks where a buildup of grain on the sides could fall and bury them; and nine instances of failing to shut down mechanical equipment that could endanger employees.
“A willful violation is one committed with intentional knowing or voluntary disregard  for the law’s requirements or with plain indifference to worker safety and health,” the news release said.
In addition, Hillsdale Elevator Co. was fined a total of $15,000 for five serious citations following an inspection of the company’s facility in Annawan. The news release said a serious citation is issued “when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.”
The news release said both elevator companies have 15 days from receipt of the OSHA citations to comply, request a conference with OSHA’s regional director or contest the findings before OSHA’s review commission.
“The tragic deaths of three people could have been prevented had the grain bin owners and operators followed the occupational safety standards and child labor laws,” said Hilda L. Solis, secretary of labor. “It is unconscionable to allow a minor to work in any high-hazard area. Haasbach’s and Hillsdale’s disregard for the law and commonsense safety practices has led to the devastation of three families.”
OSHA is a part of the U.S. Department of Labor.