Occupational Health and Safety Administrations – Regional News Release

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Miranda Roofing in Omaha for alleged violations of the Occupational Safety and Health (OSH) Act and has proposed $148,400 in penalties against the company.

OSHA cited the roofing company following an inspection that found employees exposed to fall hazards without fall protection. The inspection found two alleged willful, one alleged serious and one alleged repeat violation of the OSH Act.

“There is no excuse for the lack of fall protection, and it’s outrageous to think that employers still allow employees to be exposed to fall hazards without ensuring fall protection is in use,” said Charles Adkins, OSHA’s regional administrator in Kansas City, Mo. “It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents from occurring.”

The alleged willful violations stem from the company’s failure to instruct workers in recognizing, avoiding and eliminating unsafe conditions when they are exposed to falling to the next lower level and the lack of fall protection when workers are exposed to fall hazards. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The alleged serious violation stems from the lack of instruction in the proper uses, placement and care of portable ladders. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.

The alleged repeat violation stems from improper placement of the portable ladder. OSHA issues a repeat citation when the employer has been issued a violation for a substantially similar hazard in the previous three years that has become a final order.

Occupational Safety and Health Administrations – Regional News Release – April 22, 2009

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is proposing one willful and four serious safety violations against B&H Contracting Inc. following an inspection at the company’s jobsite in Dothan.

The agency is proposing $53,400 in penalties, including a $42,000 penalty for willfully allowing employees to work unprotected in a 12-foot-deep trench being dug for a new concrete sewer line. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Penalties of $11,400 are being proposed against the Florala, Ala., company for serious violations that include allowing employees to work in the trench without a safe means of access and egress, allowing spoil piles and equipment within two feet of the trench face, not removing employees from the trench where there was evidence that a hazard existed and allowing employees to work in a trench while a concrete pipe was hoisted over their heads by an excavator. A serious violation 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 is putting a special emphasis on reducing the number of trenching and excavation injuries through increased inspections of construction sites,” said Kurt Petermeyer, OSHA’s area director in Mobile, Ala. “In this situation, rather than incorporating safety into the company’s normal routine, the onsite supervisor chose to ignore OSHA standards and endanger his employees’ lives just to save a little time.”

Regional News Release from Occupational Health and Safety Administration – 4/23/09

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed $229,500 in fines against Dehler Manufacturing Co. Inc. of Chicago for alleged willful, serious and repeat violations of federal workplace safety standards.

As a result of a safety and health inspection, OSHA has cited the company for a willful violation with a proposed penalty of $49,500. The citation addresses the company’s alleged failure to protect workers from flying sparks while working in and around welding stations. OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

The company also has been issued citations for 14 serious violations with proposed penalties of $47,600. Some of the citations allege that the company failed to provide proper guard protection for rotating parts, failed to provide personal protective equipment such as safety glasses or protective lenses for protection against light radiation and did not properly secure overhead portable spot welding equipment. 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.

Dehler also has received 12 citations for repeat violations with a penalty of $132,400. Some of those alleged violations address aisles and passageways not being kept clear of obstructions; lockout and tagout procedures to prevent accidental energy start-up not being followed or training for those procedures not being provided for all employees; spot welding equipment not being inspected properly and electrical equipment not being maintained properly. OSHA issues a repeat violation when it finds a substantially similar violation of any standard, regulation, rule or order at any other of an employer’s facilities in federal enforcement states when an initial one previously was cited.

“Injuries and fatalities from accidents such as electrocution, amputation from improper guard protection and falls are preventable,” said Diane Turek, OSHA’s area director in Des Plaines, Ill. “Employers must remain dedicated to keeping the workplace safe and healthful or face intense scrutiny by OSHA.”

Dehler Manufacturing, a fabricator of steel furniture for schools and private businesses, employs 180 workers, has been inspected five times by OSHA since 2000 and has received numerous citations from these past inspections.

The company 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 proposed penalties before the independent Occupational Safety and Health Review Commission.