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OSHA Cites New Hampshire Employer for Nail Gun Violation

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The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) reports it recently cited Monster Contracting, LLC, for alleged willful and serious violations of safety standards at a residential construction site in Manchester, NH. The Canada-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."[WCx]
 
 
OSHA found employees exposed to falls from heights of 6 to 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.[WCx]
 
 
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.
 

New York State Crackdown on Workers Comp

Fraud Nets 18 Arrests

 
A recent crackdown on workers compensation fraud in New York State led to the arrests of 18 people in 13 counties.
 
 
According to information from the State Department of Financial Services, the arrests include people who continued to be employed after claiming they were disabled, faked injuries to collect payments and one woman who cashed the checks of her deceased husband. [WCx]
 
 
Superintendent of DFS Benjamin Lawsky noted the arrests were the latest attempt to save employers money by reeling in workers comp fraud.
 
 
“Workers compensation fraud is a serious crime that victimizes honest businesses and taxpayers who are forced to shoulder the burden of higher premiums. Strong anti-fraud activities complement the state’s ongoing work to drive down the cost of workers’ compensation insurance,” Lawsky remarked.
 
 
The arrests were the result of a series of joint investigations led by DFS, along with the Office of the Inspector General of the New York State Workers’ Compensation Board, the New York State Insurance Fund and other insurers. [WCx]
 
 
All of those taken into custody are innocent until proven guilty.
 
 

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. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.

 

 


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MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

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.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

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