The U.S. Department of
Labor's Occupational Safety and Health Administration has issued
McEntire's Roofing Inc. of Lincoln six citations for failing to provide
fall protection for roofers working on residential projects. The company
faces penalties totaling $102,000.
The citations are the result of two OSHA investigations, conducted under
the agency's Local Emphasis Program on Fall Hazards, which took place
in July and September 2010 at jobsites in Bloomington and Lincoln, Ill.
Two willful citations carrying $56,000 in penalties were issued after
inspectors observed roofers being allowed to operate without fall
protection at two-story residential projects. A willful violation exists
when an employer has demonstrated either an intentional disregard for
the requirements of the law or plain indifference to employee safety and
health.
"Falls are a leading cause of injury and death in the workplace," said
Thomas Bielema, OSHA's area director in Peoria, Ill. "McEntire's Roofing
repeatedly has been cited for not providing adequate fall protection
and that is unacceptable. OSHA is committed to ensuring employers abide
by the law, which requires commonsense safety practices."
OSHA issued McEntire's Roofing two repeat citations with proposed fines
of $42,000 for allegedly not having a grasping handle and/or a ladder
extended 3 feet or more above the roofline for workers to access in
order to prevent falls. A repeat citation 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.
Two serious citations were issued to the company alleging that a damaged
ladder was used to access an upper roof area and for failing to have a
ladder inspected by a competent person. Those violations carry total
penalties of $4,000. 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.
OSHA standards require that an effective form of fall protection, such
as guardrails, safety nets or personal fall arrest systems, be in use
when workers perform residential construction activities 6 feet or more
above the next lower level. Detailed information on fall protection
hazards and safeguards is available online at
http://www.osha.gov/SLTC/fallprotection/index.html.
The company's willful and repeat safety violations put McEntire's
Roofing in OSHA's Severe Violator Enforcement Program, which focuses on
employers with a history of safety violations that endanger workers by
demonstrating indifference to their responsibilities under the law. This
enforcement tool includes mandatory OSHA follow-up inspections and
inspections of other worksites of the same employer where similar
hazards and deficiencies may be present. For more information on SVEP,
visit
http://www.osha.gov/dep/svep-directive.pdf*.
Prior to the two inspections detailed above, McEntire's Roofing had been
inspected by OSHA six times since 2005, resulting in 15 prior
citations.
The company has 15 business days from receipt of its citations and
penalties to comply, request an informal conference with OSHA's area
director or contest the findings before the independent Occupational
Safety and Health Review Commission.