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OSHA News Release
Region 4

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Region 4 News Release: 11-145-ATL (47)
Feb. 17, 2011
Contact: Michael D'Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
E-mail: d'


US Department of Labor's OSHA cites St. Augustine, Fla., contractor
following Hollywood, Fla., scaffolding collapse inside water tank

HOLLYWOOD, Fla. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited M Brothers Paintings Inc. of St. Augustine with 15 safety violations following a scaffolding collapse at a Hollywood worksite that seriously injured two workers. Penalties total $69,168.

In October 2010, two employees were painting the inside of a water tank when a suspended scaffold device anchored on the outer surface of a roof hole fell through the hole, causing one side of the scaffold to collapse. The two workers fell approximately 25 feet.

"If proper safety precautions had been taken, these injuries could have been prevented," said Darlene Fossum, OSHA's area director in Fort Lauderdale. "It is the employer's responsibility to ensure all aspects of OSHA's standards are followed."

Fourteen serious safety violations were cited with a penalty of $59,928 for failure to inspect the scaffold and its components for defects; ensure the suspension scaffold device could rest on surfaces capable of supporting at least four times the load; protect workers with adequate fall protection; train workers to recognize the hazards associated with the use of shackles as anchor devices on supporting surfaces; and provide a safety and health program that includes hazard prevention and control. 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.

A repeat citation with a penalty of $9,240 was issued for failing to equip the load end of the wire suspension rope with thimbles. The thimbles can prevent the wire from pitching and abrading while preventing the load from coming into direct contact with the wire. OSHA cited the company in September 2010 for failing to meet the agency's safety standard for scaffolding. 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 company has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's area office, 1000 South Pine Island Road, Suite 100, Fort Lauderdale, FL 33324; telephone 954-424-0242. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency'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


U.S. Department of Labor news materials are accessible at The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.