The U.S.
Department of Labor's Occupational Safety and Health Administration
(OSHA) has fined the C.A. Franc construction company $539,000 following
the investigation of a roofing worker who fell 40 feet to his death at
a Washington worksite. The Valencia, Pa.-based roof installer — whose
owner is Christopher A. Franc — was cited for 10 per-instance willful
citations for failing to protect workers from falls.
"Mr.
Franc knowingly and willfully failed to protect his workers from
falling to their death," said Assistant Secretary of Labor for OSHA Dr.
David Michaels. "We will not tolerate this type of blatant and
egregious disregard for the health and safety of workers."
OSHA
began its investigation immediately following the worker's death on
Aug. 15, 2009, and found the C.A. Franc company had failed to provide
any fall protection to its employees working on a pitched roof 40 feet
off the ground. In addition, Mr. Franc failed to train a newly hired
college student in hazards and the necessary safety measures for
roofing work. As a result of the investigation, the company has been
cited for 10 alleged per-instance willful violations, one for each
employee working unprotected on the roof, with a proposed penalty of
$490,000, and one additional alleged willful violation for failing to
train the new employee, with a penalty of $49,000.
General
contractor Hospitality Builders Inc. also has been cited with one
willful violation and a proposed penalty of $70,000 for failing to
ensure that C.A. Franc workers had fall protection.
"This
fall fatality was one of five that occurred during a 15-day span in the
Pittsburgh area," said John M. Hermanson, OSHA's regional administrator
in Philadelphia, Pa. "Falls are the leading cause of fatalities in the
construction industry. Failure to provide employees with fall
protection is unconscionable. We urge construction companies to take
the necessary action to ensure their workers are protected."
OSHA
defines a willful violation as one committed with intentional, knowing
or voluntary disregard for the law's requirements, or with plain
indifference to employee safety and health. Detailed information about
fall hazards and safeguards is available on OSHA's Web site at http://www.osha.gov/SLTC/fallprotection/construction.html.
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. The investigation was
conducted by OSHA's Pittsburgh Area Office; telephone: 412-395-4903. To
report workplace accidents, fatalities or situations posing imminent
danger to workers, call OSHA's toll-free hotline at 800-321-6742.