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Two Companies Cited by OSHA Following a Worker’s Fatal Fall in Conroe, Texas – Part 2

English: Scaffold surrounding a building in Ma...
English: Scaffold surrounding a building in Maryborough, Queensland (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) conducted an investigation of two companies related to a fatal construction accident on July 14, 2015, in Conroe, Texas. The OSHA investigation has resulted in proposed penalties of $69,300 for Ramco Erectors Inc. and $7,000 for Isabel Facundo Garcia. OSHA’s area director in the Houston North office, Joann Figueroa, said that negligence resulting in a preventable fall will not be tolerated.

OSHA alleges that I F Garcia committed a serious safety violation. Employees on a working or walking surface with an unprotected side or an edge that was 6 feet or more above a lower level were not protected from falling by the use of safety net systems, personal fall arrest systems, or guardrail systems.

Specifically, on July 14, 2015, at a construction site where workers were exposed to fall hazards while installing composite floor decking on the second level of a building being constructed, fall protection was not provided. Workers were at risk of falling at heights 6 feet high or greater. The proposed penalty is: $7,000.

A serious violation exists when a workplace hazard could cause an illness or accident that would most likely result in serious physical harm or death, unless the employer could not have known or did not know about the safety violation.

Learn more about the OSHA citations linked to the fatal construction fall that occurred in July in Part 1 of this continuing series, including the alleged serious violation that Ramco Erectors has been cited for. Learn more about fall hazards in the next segment.

–Guest Contributor

author avatar
smchugh

Worker Denied Requested Safety Gear and Falls; Katy, TX, Company Fined $362,500 – Part 2

This is a picture I took myself. It is a house...
This is a picture I took myself. It is a house under construction in Katy, Texas. (Photo credit: Wikipedia)

The Occupational Safety and Health Administration (OSHA) recently cited alleged safety violations against Cotton Commercial USA Inc. of Katy, Texas, and Gardia Construction, located in Gretna, Louisiana. The following are details about the citations against Cotton Commercial resulting from Inspection Number 1022192, inspection date January 29, 2015:

OSHA alleges that the employer failed to ensure that each worker exposed to fall hazards was properly trained by a competent and qualified person, according to OSHA specifications. The most recent violation, according to the report, occurred on January 24, 2015, and in times prior in which workers that had not been trained worked at heights of approximately 12 feet. The proposed penalty for this alleged serious violation is: $7,000.

According to OSHA, Cotton Commercial allegedly does not provide a training program for each worker using stairways and ladders, as necessary, which would enable each worker to recognize dangers related to stairways and ladders and train each worker in the procedures which can be followed in order to minimize those hazards. The most recent alleged violation, again, was on January 24. Proposed penalty for this alleged serious violation is: $5,500.

The employer allegedly failed to notify OSHA of the accident which resulted in the hospitalization of an employee within the required 24-hour time period. Instead, the report was made three days after the incident. The specific OSHA rule is that the employer is required to report in-patient hospitalization, amputation, or loss of an eye as a result of a work-related accident to OSHA within a 24-hour period. Proposed penalty for this alleged willful violation is: $70,000.

Read Part 1 and this continuing series for more details about the citations made against Cotton Commercial and Gardia Construction.

–Guest Contributor

author avatar
smchugh

OSHA Fines a Texas Linen Company in Excess of $125,000

Bed made up with bed linens with blue and gree...
(Photo credit: Wikipedia)

company were serious, which means there is a significant probability hazards about which the employer knew or should have known could cause serious physical harm or death.  Serious citations issued included failure to:

  • Provide protection from falls for employers who were working at an elevation of 16 feet
  • Provide an appropriate number of locks and enforcement of lockout procedures during machine servicing in order to prevent injuries from unexpected restart of equipment and machinery
  • Ensure that a fiberglass ladder was set up correctly and used correctly

There are also a number of repeat citations issued by OSAH, including failure to:

  • Cover floor holes
  • Provide machine guards for sprockets, chains, rotating parts, and points of operation
  • Properly identify locks for machine servicing
  • Make portable fire extinguishers easily accessible

In 2008, the same company was fined in excess of $150,000 for more than 40 health and safety violations, including failing to provide Hepatitis B vaccinations to employees within ten days of being assigned to handle soiled health care linens.

–Guest Contributor

 

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smchugh

A Waxahachie Facility is Cited by OSHA with Proposed Penalties Totaling $58,520

English: The hybrid forklift truck Deutsch: De...
English: The hybrid forklift truck Deutsch: Der erste serienfähige Hybrid-Gabelstapler – STILL RX 70 (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced proposed penalties totaling $58,520 against Southern Grouts and Mortars Inc. in Waxahachie, Texas. The Florida-based company is cited for repeat violations and four serious violations. The Fort Worth area OSHA Director, Jack Rector, said that the company has continued to unnecessarily expose workers to hazards which could lead to death or illness. Rector said that employers have a responsibility to workers, to ensure their health and safety, and that such disregard for workers’ safety will not be tolerated.

Among the serious violations the Waxahachie facility has OSHA citations for are failure to provide:

  • Hazardous communication information to workers who are potentially exposed to dust particles.
  • A respiratory program that is complete with respirator fit testing and medical evaluations.
  • Fall protection near floors with open sides.
  • A hearing conservation program.
  • Regulation of compressed air used for cleaning purposes.

Among the repeat violations were:

  • Allowing employees to work under a load elevated by a forklift.
  • Failure to implement engineering controls for employees with prolonged exposure to dust particles.

Serious violations are those in which there is a substantial probability that serious physical harm or death could result from a hazard which the employer knew about or should have been aware of.

author avatar
smchugh

A Texas Drilling Company near Amarillo Faces $46,200 in Proposed OSHA Penalties

English: Oil Driller Español: taladro
English: Oil Driller Español: taladro (Photo credit: Wikipedia)

Spradling LP, a drilling company near Amarillo, Texas, has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for 13 serious health and safety violations. According to OSHA, workers have been exposed to struck-by hazards, falls, unguarded rotating machine parts, and electric shock hazards. The proposed OSHA penalties amount to $46,200.

The Lubbock Area Office conducted an inspection on August 13, and the following serious health and safety hazards were discovered:

  • Effective measurements of stairwells were not taken and, as a result, there are inadequate metal stair treads and missing handrails, which are fall hazards.
  • Rotating parts of machinery are not guarded.
  • Employees are exposed to electrical hazards because of electrical wiring that is improperly repaired and because outlet covers are missing.
  • Employees who work with soda ash and other corrosive materials were not provided with first-aid supplies or emergency showers.
  • Workers were not trained on how to stay safe when working with hydrogen sulfide.

The health and safety hazards at the drilling rig site endanger employees. The OSHA director in Lubbock, Elizabeth Routh, said oil and gas operators are provided with all of the resources and tools they need to protect workers from hazardous conditions by staying in compliance with OSHA guidelines.

–Guest Contributor

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smchugh

Baytown Work Injury Lawyer: A Company in Houston, Texas, Receives the Maximum OSHA Fine for a Fall Hazard

Worker at a considerable height lacking any ki...
Worker at a considerable height lacking any kind of PPE. (Photo credit: Wikipedia)

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Amalda Enterprises Inc. in Houston, Texas, for one willful violation involving exposing workers to fall hazards when they were installing gutters at a Houston construction site. Seventy thousand dollars is the proposed penalty.

The March inspection was initiated under a regional enforcement initiative aimed at preventing construction worker fatalities. More than 260 workers in the U.S. in the construction industry were killed in falls in 2011. In Texas in the year 2012, there were 28 slip, trip, and fall fatalities that were construction related.

OSHA’s Houston North area director David Doucet said that falls are the number one cause of construction industry fatalities. He said OSHA issued the maximum penalty for their willful violation because they will not tolerate disregard for worker safety.

There were workers working on an unprotected edge or side of a building and were exposed to falls. Specifically, three workers were working on a newly built warehouse installing gutters from the roof, and no fall protection was provided. The workers were all exposed to 21-foot falls or higher. Although two of the workers wore body harnesses, there was no guardrail system in place, neither was there a personal fall arrest system or a safety net system. A willful violation is one that is committed with knowing, voluntary, or intentional disregard for the requirements of the law or with clear indifference to the health and safety of workers.

–Guest Contributor

author avatar
smchugh

Dallas Work Injury Attorney: A Decking Subcontractor is Fined by OSHA for Fall Hazards at a Residential Construction Site

A House in Vitor
(Photo credit: A.Davey)

A residential decking subcontractor has been cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) and faces fines totaling $45,100 for exposing workers to fall hazards.  The four repeat safety violations discovered during an inspection by OSHA’s Fort Worth Area office related to fall hazards all pertained to construction of a single-story home in Burleson, Texas.

Jack Rector, who is the area director in the Fort Worth OSHA office, said that fall hazards are the leading cause of construction workplace fatalities.  The inspection which led to the citations in this case was initiated by OSHA’s regional program emphasizing fall prevention in the construction industry.

The unpredictable fall hazards workers were exposed to were caused by:

  • Sudden gusts of wind
  • Uneven sheathing
  • Surfaces that are slick when wet
  • Loose materials

Rector said that the employer in this case has previously exposed workers to possible workplace dangers.  Employers have a responsibility to workers to train them to recognize and avoid potential hazards.  Rector also said that risk is reduced and lives are saved when fall protection measures are exercised.

Repeat serious violations against this contractor include failure to:

  • Provide hardhats to workers who are potentially exposed to head injuries.
  • Use proper fall protection measures during residential construction.
  • Provide safety glasses for workers who are operating circular saw or pneumatic nail guns.
  • Utilize ladders that extend at least 3 feet beyond the landing surface.

–Guest Contributor

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smchugh