Sept. 16, 2014

JC Stucco and Stone Inc. willfully exposed workers to fall hazards
'Severe violator' facing $235,700 in proposed penalties

LANSDOWNE, Pa. – Masonry contractor JC Stucco and Stone Inc. has been cited by the U.S. Department of Labor's Occupational Safety and Health Administration for three willful and three repeat safety violations. OSHA's March 2014 inspection was initiated in response to a referral by the Philadelphia Department of Licenses and Inspections due to an imminent threat to worker health and safety at the site. The investigation found workers were exposed to fall hazards while applying stucco to the exterior of a residential construction site located at 1303 S. 15th St. in Philadelphia. The proposed penalties total $235,700.

"This employer was placed in OSHA's Severe Violator Enforcement Program in 2011 after multiple instances of repeated, high-gravity violations," said Nicholas DeJesse, director of OSHA's Philadelphia Area Office. "By refusing to provide the proper fall protection, this company is putting workers' lives at risk. Falls are the leading cause of death in construction. Protecting workers from fall hazards must be a priority."

The willful violations, carrying a $200,500 penalty, were cited for the company's failure to use scaffolding with adequate bracing to prevent tipping or collapse and to provide fall protection for employees working up to a height of 32 feet. According to the Bureau of Labor Statistics, falls to lower levels accounted for 11 percent of all worker fatalities suffered in the Philadelphia area during 2012, the most recent year with available data. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

In addition, the agency issued repeat citations, with a $35,200 penalty, for additional scaffolding hazards, lack of training on fall dangers and the company's failure to develop and implement a hazard communication program. The company was cited for similar violations in 2011 and 2012. 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.

Citations can be viewed at: http://www.osha.gov/ooc/citations/JCStuccoandStoneCitationPackage965013.pdf*.

JC Stucco and Stone has 15 business days from receipt of its citations and proposed penalties to comply, meet informally with OSHA's area director, or contest the findings 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 the Philadelphia Area Office at 215-861-4908.

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 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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Media Contacts:

Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov
Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov

Release Number: 14-1651-PHI (osha 14-079)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.