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Mass contractor faces $42,000 fine for fall protection violations

Posted by Mark Paskell on Wed, Feb 01, 2012 @ 11:27 AM

Region 1 OSHA is actively pursuing and fining contractors in Massachusetts for fall protection violations. The following enforcement action was against a roofing contractor in Reading, Mass. working in Topsfield. Read the OSHA press release below, notice the violations cited and then determine if you would be subject to being fined if OSHA came to your job site. All of the violations are covered in our comprehensive fall protection training workshop.

 www.osha.gov US Labor Department's OSHA cites Reading, Mass., roofing contractor for exposing workers to fall hazards at Topsfield, Mass., work site, proposes $42,000 in fines.......

ANDOVER, Mass. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Baystate Roofers Inc. with 10 alleged serious violations of safety standards at a Topsfield work site for exposing workers to fall hazards. The Reading-based roofing contractor faces a total of $42,000 in proposed fines.

An inspection by OSHA's Andover Area Office found employees exposed to falls while working on a ladder jack scaffold atop the roof of a building located on High Street.

The violations include;

  • failing to provide personal fall protection
  • failing train workers to recognize fall hazards
  • failing to provide head and eye protection
  • failing to properly set up, secure and inspect ladders for damage
  • improperly erected scaffold had damaged components
  • scaffolding exceeded the maximum allowable height of 20 feet
  • scaffolding had not been inspected for defects prior to the start of work

A serious violation occurs 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.

"Protecting workers against deadly or disabling hazards such as these requires diligence on the part of the employer," said Jeffrey A. Erskine, OSHA's area director for Middlesex and Essex counties. "A competent person must inspect equipment to ensure that it is without defects and properly erected, and employees must be trained to recognize and address conditions that could harm them."

Detailed information on scaffolding and fall hazards and safeguards is available at http://www.osha.gov/SLTC/scaffolding/index.html and http://www.osha.gov/SLTC/fallprotection/construction.html.

The company has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission." (end of press release)

We get several calls a week now asking for guidance on;

  • how to prepare for an OSHA visit
  • do I need a safety manual
  • what is OSHA looking for
  • what gives them a reason to stop in
  • what do we need to comply with so this does not happen to us
  • what type of training should we start with
  • what type of equipment is acceptable

The best thing to do is to familiarize yourself OSHA Standards and your responsibility to provide a safe work place for your employees and subs.

OSHA is focusing on fall protection first because it is the lead cause of injuries and death in the residential construction industry.

In New England, Region 1 OSHA has a Local Emphasis Program (LEP) for Fall Protection in place until September of 2015. According to an OSHA compliance officer they are directed to stop by any residential job site along their travels. They are looking for a reason to come in. If they see someone up on a ladder they are looking for compliance with the standard. If there are no guard, rails, fall arrest system or safety nets they are coming in. If people are working with nail guns or below another worker they are looking for hard hats and face protection. No hard hat they come in. To learn more on how you can prepare your company for OSHA feel free to contact me. 

Here are some links to important training to help you with OSHA compliance.

Fall Protection Training         E H & S Manual Workshops     Lead in Construction/Respiratory

 mark the coach



Tags: osha fines