Region 3 News Release: 13-1806-PHI (osha 13-102)
Sept. 11, 2013
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

Masonry company based in Upper Darby, Pa., cited by US Department of
Labor's OSHA for exposing workers to repeat fall hazards

UPPER DARBY, Pa. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited McGee Plastering & Stucco Inc. in Upper Darby for 10 alleged safety violations, including five repeat, during stucco operations at a new residential construction site in Philadelphia. The company faces $85,800 in proposed penalties after inspectors responded to a complaint alleging imminent danger at the site.

The repeat violations, with a penalty of $77,000, were due to a lack of fall protection; inadequate planking on working levels; lack of proper access to the working levels; no restraints/bracing; and lack of training for those working on and around scaffolding. Similar violations were cited in 2010 and 2011. A repeat violation exists 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.

Prior to the current inspection, the company was placed in OSHA's Severe Violator Enforcement Program. The agency's SVEP focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

"McGee Plastering & Stucco continues to take unnecessary chances by not ensuring proper safeguards to protect workers from fall hazards," said Domenick Salvatore, director of OSHA's Philadelphia Area Office. "Falls continue to be the leading cause of worker deaths in the construction industry. They should not be treated lightly by employers."

The five serious violations, with an $8,800 penalty, include a lack of head protection; poor housekeeping; deficient training on the hazards associated with Portland cement and lime; and the no hazard communication program. 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's fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs. It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the Philadelphia area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or contact the agency's Philadelphia office at 215-597-4955.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions exist for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 303-693-7838 or TTY 303-693-7755.