Region 10 News Release: 08-175-SAN (SF-15)
Feb. 13, 2008
Contact: Roger Gayman
U.S. Department of Labor's OSHA fines Musung Corp. more than $59,000 for safety violations
SAN FRANCISCO -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Musung Corp. for alleged safety violations at the Ace Plaza commercial building construction site in Garapan, Saipan, and proposed $59,400 in penalties.
OSHA cited the company for an alleged willful violation following a planned inspection at the worksite on August 27, 2007, and assessed a proposed penalty of $42,000 for failing to provide fall protection for employees working on scaffolds 15 feet above the ground. OSHA cited the construction company seven times between 2001 and 2005 for violations of the fall protection standards. A willful violation is one committed with intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.
"Musung's safety history and the facts surrounding the current inspection indicate that the employer willfully violated fall protection regulations," said Teresa Harrison, OSHA's acting regional administrator in San Francisco. "These violations had the potential of resulting in the death or serious injury of one or more of the company's employees."
OSHA cited the company for four alleged serious violations and proposed a $4,200 penalty for failing to fully plank scaffold platforms to prevent falls; a $4,200 penalty for failure to provide fall protection training; a $4,200 penalty for failing to provide ladders extending three feet above the upper landing level; and a $4,200 penalty for permitting employees to use ladders while carrying objects or loads that could cause them to lose their balance and fall. 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.
OSHA cited Musung Corp. with one other-than-serious violation, assessing a $600 proposed penalty for failing to maintain required employee injury and illness records.
Musung Corp., based in Garapan, has 15 business days from receipt of the citations and proposed penalties to comply with them, to request and participate in an informal conference with OSHA's area director, or to contest the citations before the independent Occupational Safety and Health Review Commission.
OSHA operates a vigorous enforcement program, conducting more than 39,000 inspections in fiscal year 2007 and exceeding its inspection goals in each of the last eight years. In fiscal year 2007, OSHA found more than 89,000 violations of its standards and regulations.
Employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.
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NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.