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OSHA News Release
Region 3

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Region 3 News Release
Release Number: 06-655-PHI (osha 06-044)
Date: April 21, 2006
Contact: Leni Uddyback-Fortson
Phone: (215) 861-5102

OSHA Fines Contractors on Kohl Department Store Project More Than $114,000 For Lack of Fall Protection, Other Hazards

BECKLEY, W. Va. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited eight contractors involved in the construction of a Kohl's Department Store in Beckley, W.Va., for lack of fall protection for workers and other safety and health violations. The proposed fines for the alleged violations total $114,625.

OSHA initiated an inspection in October 2005 in response to a complaint alleging a lack of fall protection at the work site.

According to Stanley Elliott, area director of OSHA's Charleston Office, Easely & Rivers Inc., Morgantown, W.Va., was cited for one willful violation and one serious violation, with penalties of $68,600, for lack of fall protection from a roof, and failure to use a ladder to access a roof.

"Insufficient fall protection remains one of the leading causes of fatality and injury on construction sites," said Elliott. "Any time a worker is at a height of six feet or more, the worker is at risk and needs to be protected."

Steel Performance, Greensboro, N.C., was fined $22,000 for six serious violations and one other-than-serious violation for insufficient fall protection and improper storage of compressed gas cylinders; Holland Roofing of Nashville Inc., Florence, Ky., received a $10,000 penalty for two serious violations and two other-than-serious violations for lack of fall protection, unmarked roof hole covers and unsafe use of an extension cord; Kline Masonry, Scott Depot, W.Va., was cited for two repeat citations and fined $6,800 for lack of fall protection and failure to have a competent person identify and correct worksite hazards; Lincoln Construction, the general contractor on the site, headquartered in Columbus, Ohio, was cited for two serious violations with a penalty of $2,500 for lack of fall protection; Air Temp Heating & Cooling, Prosperity, W. Va., received a penalty of $4,350 for five serious violations and one other-than-serious violation for lack of fall protection from a roof, failure to use a ladder to access a roof and other violations; K&M Contracting Inc., Girard, Ohio, was cited and fined $375 for one serious violation for failure to have a competent person identify and correct hazards and failure to train employees on the proper use of a laser; Holderbaums Finishes LLC, Westerville, Ohio, was cited for one other-than-serious violation with no penalty for failure to maintain material safety data sheets.

A willful violation is one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act. A repeat violation is one in which the employer has been cited during the past three years for substantially similar violations. A serious violation is issued when there is substantial probability that death or serious injury could occur from a hazard about which the employer knew or should have known.

The companies have 15 working days from receipt of the citations to appeal before the independent Occupational Safety and Health Review Commission. The investigation was conducted by the Charleston OSHA Office, 405 Capitol Street, Suite 407, Charleston, W.Va. 25301-1727. Phone: (304) 347-5937.

Employers are responsible for providing a safe and healthful workplace 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


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