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January 07, 2010
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Construction Injury News

 

OSHA Cites Contractors Following Fatal Accident at Construction Site Agency Proposes Penalties Totaling $67,900 For Three Companies

HUNTSVILLE, Ala. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited three building contractors following a Sept.16 fatal accident at a construction site in Huntsville.

On the day of the accident, workers were installing metal decking on the roof of a building under construction. Two carrying a sheet of decking were walking along a 5-inch-wide truss. No fall protection systems were in place. One worker, walking backward, stepped off the truss, falling 21 feet to the ground below.

"This accident was preventable and the results were tragic," said Roberto Sanchez, OSHA's Birmingham area director. "The contractors knew how to prevent the fall hazards, but they did not take adequate precautions."

Kentucky Steel Erectors, LLC, of London, Ky., whose employees were installing metal decking at the site, was cited for one alleged willful violation, with a proposed penalty of $56,000. Among the alleged violations for which the citation was issued was failure to provide adequate fall protective equipment, such as body harnesses or lanyards. Additionally, the company was cited for one alleged serious violation, with a $4,000 proposed penalty, for failing to provide safe access to and exit from the roof.

OSHA also cited the general contractor, Bowen Construction Services, Inc., of Roswell, Ga., for one alleged serious violation, with a proposed penalty of $4,900, for failing to assure that workers were protected from fall hazards. As the general contractor, Bowen was responsible for overall safety at the site.

The third contractor, Brinley & Sons Commercial Interiors, Inc., Langston, Ala., was cited for one alleged serious violation, with a proposed penalty of $3,000, for improperly using a forklift to lift workers to the roof structure on a platform that was not secured.

OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations. A serious violation is one in which there is a substantial probability that death or serious physical harm could result and that the employer knew or should have known of the hazard.

The companies have 15 working days to contest the OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The work site was inspected by staff from OSHA's Birmingham area office located at 2047 Canyon Rd.; phone: (205) 731-1534.

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Did You Know?    
 
 
You should retain an attorney in a construction accident case.
Even if you believe that you were partly responsible for your own injuries or that your employer was solely responsible, it is generally wise to consult an experienced construction accident injury attorney. The law in construction accident cases is complex and you need an attorney who knows his or her way around construction accident litigation.

 


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Construction Terms

 


Today's Terms

Fire and Life Safety Program

Definition:
A plan implemented by businesses and other organizations to protect constituents (employees, building occupants, etc.) from fire and other hazards which are immediately hazardous to life.

Accessible

Definition:
As applied to equipment, admitting close approach because not guarded by locked doors

Negligence

Definition:
Failure to use that degree of care, which an ordinary person of reasonable prudence would use under the given or similar circumstances

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