US Labor Department's OSHA fines Newark, NJ, construction company $58,000 for not protecting workers against falls
NEWARK, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration has issued citations to Newark-based Discovery Construction Corp. for not protecting its workers against fall hazards at its Monroe, N.J., worksite. Proposed penalties total $58,080.
OSHA initiated an inspection as part of its local emphasis program on fall hazards in construction. As a result of the inspection, the company was cited for three repeat citations with a $48,840 penalty and two serious citations with a $9,240 penalty.
"Falls remain one of the leading causes of fatalities on construction sites," said Patricia Jones, director of OSHA's Avenel Area Office in New Jersey. "Employers are responsible for providing workers with basic fall protection to prevent potential injuries."
The repeat citations were due to the company's failure to provide fall protection to employees working on roofs approximately 11 feet above ground level, to extend two ladders 3 feet above the work area and to protect employees from eye injuries while using pneumatic nail guns. A repeat violation 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 serious citations were due to the company's failure to conduct frequent and regular inspections of the jobsite, and to maintain contact with a ladder when accessing the roof while carrying 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.
Discovery Construction Corp. 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. This inspection was conducted by OSHA's Avenel Area Office; telephone 732-750-3270. To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA'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.
Stinks but, Nuff said,
Kim R
-- Edited by Presidential Pressure Washing on Saturday 12th of February 2011 09:18:17 PM
I do not know what would hurt more the fumes or OSHA classes to take for training @ $800 a pop for just the respirator class among many more pricey classes. I will assume this is for big corporations???
Kim, This is what I've been trying to tell these guys that bragg about bouncing around on roofs like a bunch of monkeys. It's not worth it. Heck with the fines, it's about the safety. Look at all the job pictures on here of guys 20/30 foot up on a roof with no harnesses on. I don't know where Scott has been lately but I hope he reads this thread.. Thanks for posting this Kim
I will be the first to admit we , have been guilty on this account. I guess with Randy doing roofs since he was 19 or 20, (he is 49) it has become his habit, but I will say that the sauce makes a whole new animal, at least for me. Some people can be set in their ways ,and I get what they are trying to do with OSHA, but some guys do allow more risk than others. I think I will just get a lift bucket like Ted has, lol. looks much funner. (is that even a word??) Kim R
Kim, When we first started off we were going to buy a bucket truck and evryone here said it was a bad idea because of the weight and mobility issues of getting it where you needed it. Still pondering that idea. Does ted have a picture of his posted on here somewhere?
Ted has had good success with his, but I think many times he is not doing the back of the house. I have to admit I was surprised he did so well with it, but I think the homes in his area may have something to do with this.
A lift still requires a harness, but it is much safer than a ladder or roof walking.
I can tell you that 1/2 the homes we do the driveway falls on the side of the house and the lift would not reach most unless we drove it in the yard. We also sell mostly whole roofs and on many we would not be able to get it in the back.
On the lower income homes around Baltimore, the power lines hang low and the houses are close together, so that would negate the use of it as well.
But all in all safety should be first. If you as an owner fall your business will suffer. If you have an employee fall without the proper safety in place you will face these big fines. If an employee dies and you were considered negligent on your duties to supply and train your guys for safety you could also go to jail, as part of the osha fine.
This guy learned a huge lesson and I hope others who ignore all the safety talk consider this guys situation. No matter how long you have done it, how old or young you are, weather you smell it or not, the SH will eat your lungs and you can fall.
90% of my roofs cannot be done completely with my bucket truck. The only reason I bought it was because the truck was worth more than I paid for it if it didn't have the bucket.
An articulating boom would probably do the majority of roofs, but they are VERY expensive and are a whole different weight class to have to deal with. Some even require CDL's to drive them.
Brian
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Brian Friel The Roof Cleaners llc Oxford PA 19363 610 842 2104
What about those small tow behind lifts? They only weigh 2800 pounds. I was looking at those, seem interesting. You can get them in either gas or electric.
Thanks for posting this article. It is critical for RCIA members to focus on safety especially now that the 50 points standard is close to ratification. We are all going to be making a pledge to safety. Our commitment to safety will be one vertebrae in the backbone of our organizations professional reputation. It is critical to maintain a high level of training and education for safety for yourself and staff.
What about those small tow behind lifts? They only weigh 2800 pounds. I was looking at those, seem interesting. You can get them in either gas or electric.
Not real expensive either, under $10,000
I have considered these as well, they would do minimal damage to the yard.
The bigger trucks Brian mentioned would crush a lot of driveways. Driveways are not generally as tough as roads.
In PA, MD, VA , DE, and NJ we have lots of stone and seal coat driveways.