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OSHA News Release
Region 3

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Region 3 News Release: 10-1735-PHI (osha 10-230)
Dec. 21, 2010
Contact: Joanna Hawkins Leni Fortson
Phone: 215-861-5101 215-861-5102


US Labor Department's OSHA cites Houston, Texas, contractor
for not protecting workers against falls at Wal-Mart jobsite in Hamburg, Pa.

HAMBURG, Pa. – The U.S. Department of Labor's Occupational Safety and Health Administration has issued Destin Drywall and Paint Inc. of Houston, Texas, five serious citations and one repeat citation for fall hazards and other safety violations. The company was cited while installing wallboard to the exterior of a Wal-Mart store in Hamburg. Proposed penalties total $20,100.

"Destin Drywall has a recent history of not providing proper fall protection to employees at its jobsites," said Kevin Kilp, OSHA's area director in Harrisburg, Pa., whose office conducted the inspection. "This protection is critical given that falls are the leading cause of injuries and fatalities in the construction industry."

Serious citations allege a failure to provide fall protection for employees working on aerial lifts, training for employees on fall protection requirements while working on aerial lifts and roofs, and required personal protective equipment. They also allege that the company permitted workers to operate a rough terrain forklift without required training and allowed misuse of a stepladder. A serious citation is issued 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. Penalties for the serious citations total $11,700.

The repeat citation alleges that the company permitted its employees to work on a surface greater than 6 feet above the ground without an approved method of fall protection. A repeat citation is issued 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. The proposed penalty for this repeat citation is $8,400.

Destin Drywall was issued a separate serious citation with a $1,500 penalty earlier this year for not providing proper fall protection while performing work at a Wal-Mart location in Benbrook, Texas. The company also was issued two additional serious citations and $3,375 in penalties for similar hazards while performing work at a Wal-Mart site in North East, Md.

For information on OSHA's fall protection standards, visit

The company has 15 working days from receipt of the latest citations to comply, request an informal conference with the OSHA area director in Harrisburg or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. OSHA's Harrisburg Area Office can be reached by telephone at 717-782-3902. To report workplace incidents, fatalities or situations posing imminent danger to workers, call OSHA's toll-free hotline at 800-321-OSHA (6742).

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 assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit


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