Region 3 News Release: 13-2161-PHI (osha 13-108)
Nov. 18, 2013
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

Upper Darby, Pa., severe violator again cited by US Department of Labor's
OSHA for recurring hazards at Philadelphia work site

UPPER DARBY, Pa. – The U.S. Labor Department's Occupational Safety and Health Administration has cited McGee Plastering & Stucco Inc. for four safety violations, including two willful, found during bricklaying operations on new residential homes at a Philadelphia site. An imminent danger complaint prompted OSHA's investigation in May, resulting in $89,760 in proposed fines. The company was recently cited in September 2013.

"Six prior inspections for serious and repeat violations indicate a pattern of disregard for safety and workers' well-being that will not be tolerated," said Domenick Salvatore, director of OSHA's Philadelphia Area Office. "These hazards pose a risk to employees and must be corrected promptly to ensure a safe workplace."

The willful violations, with a $77,000 penalty, concern the company's failure to provide guardrails and install restraints/braces to prevent a scaffold collapse as workers performed bricklaying operations. 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.

Carrying an $11,000 penalty, one repeat violation involves not providing workers with safe access to the working levels of the tubular, welded frame scaffold. Similar violations were cited in September and October 2010 and July 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.

The $1,760 penalty for serious violations concerns failing to develop and implement a hazard communication program to include worker training, and have material safety data sheets available when working with Portland cement, dolomitic lime and hydrochloric acid. 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. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

McGee Plastering & Stucco has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Philadelphia, 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 the agency's Philadelphia Area 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 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.