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You are here: Home / Employment Law Issues / Texas Employees Exposed to Falling Hazards Costs Employer $50K in Fines

Texas Employees Exposed to Falling Hazards Costs Employer $50K in Fines

September 5, 2011 By //  by Robert Elliott, J.D. Leave a Comment

 
The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) cited Roma Construction with six safety violations after an inspection of the company's work site on Wild Basin in San Antonio found employees exposed to scaffolding hazards while applying stucco to the exterior of a home.
 
 
According to an OSHA report, a July 20 inspection was conducted as part of OSHA's regional emphasis program to prevent occupational fatalities and injuries from falls, electrical hazards, and "struck by" and "caught by" hazards. Proposed penalties total $50,820.(WCxKit)
 
 
"This is not the first time Roma Construction has jeopardized the safety of its employees," said Jeff Funke, OSHA's area director in San Antonio. "Exposing workers to possible falls is unacceptable and can have tragic consequences."
 
 
One serious violation was cited for failing to ensure that employees erecting, dismantling, moving, repairing, maintaining or inspecting scaffolding were trained by a competent person to recognize the hazards associated with working on a scaffold. 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.
 
 
Five repeat violations include failing to ensure that working levels of scaffolding were fully planked with safe means of access and egress, ensure that scaffolding was inspected by a competent person for visible defects and protect employees from falling by providing guardrail systems or other means.(WCxKit)
 
 
A repeat violation exists 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. OSHA cited the company in February and March of 2009 for similar violations with proposed penalties of $4,050 and $3,450, respectively.

 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: [email protected].


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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact [email protected].

Filed Under: Employment Law Issues, Risk Management, Safety and Loss Control Tagged With: Falling Hazards, OSHA, Texas Workers Comp Issues, Workplace safety

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