On Wednesday a New Hampshire contractor called me regarding rumors that OSHA was fining contractors in the Concord-Manchester area. He had heard of some guys got pinched for fall protection violations. I could not confirm his story but let him know that Region 1, New England is under a LEP (Local Emphasis Program) for fall hazards until September of 2015. I explained that OSHA is paying extra special attention to residential job sites looking specifically for fall hazards. Then we were notified about the following OSHA Press Release about a New Hampshire contractor hit with several fines. The surprise was not the fall hazards fines but the laundry list of other items that led to fines.  

Take a look at this list and ask yourself how would you do if OSHA came knocking;

• lack of eye protection for employees working with nail guns
•  power tools and staplers
• damaged and misused ladders
• a damaged sling used to lift walls
• the employer's failure to certify that powered industrial truck operators had been trained
• unsafe access to elevated areas of the building; lumber with protruding nails in a work area;
• not training employees to recognize fall, material handling, electrical and flying object hazards
• not training employees in the safe operation of power tools and the proper use of ladders.

Here is the Press Release;

Region 1 News Release: 12-207-BOS/BOS 2012-027
Feb. 15, 2012
Contact: Ted Fitzgerald
Phone: 617-565-2074
Email: fitzgerald.edmund@dol.gov

US Labor Department's OSHA cites Candia, NH, contractor
for willful and serious safety violations at Manchester, NH, work site
Monster Contracting faces more than $59,000 in proposed fines for fall, other hazards

CONCORD, N.H. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Monster Contracting LLC for alleged willful and serious violations of safety standards at a residential construction site located at 100 Bradley St. in Manchester The Candia-based framing contractor faces a total of $59,200 in proposed fines following an inspection by OSHA's Concord Area Office.

"Employees at this job site faced the risk of disabling or deadly injuries from falls, crushing injuries or being struck by flying debris or objects while operating nail guns and other tools," said Rosemarie Ohar, OSHA's area director for New Hampshire. "Compounding the situation was the fact that these employees lacked training that would have taught them how to recognize and avoid such hazards."

OSHA found employees exposed to falls from heights of 6–20 feet while performing exterior and interior framing work without fall protection or near unguarded window, floor and stairwell openings, which resulted in a citation for one willful violation with a $28,000 fine. 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.

Nine serious violations with $31,200 in fines include a lack of eye protection for employees working with nail guns, power tools and staplers; damaged and misused ladders; a damaged sling used to lift walls; the employer's failure to certify that powered industrial truck operators had been trained; unsafe access to elevated areas of the building; lumber with protruding nails in a work area; not training employees to recognize fall, material handling, electrical and flying object hazards; and not training employees in the safe operation of power tools and the proper use of ladders. 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.

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

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