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OSHA News Release
Region 4

Please note: As of January 20, 2021, information in some news releases may be out of date or not reflect current policies.
Region 4 News Release: 08-96-ATL (035)
Feb. 19, 2008
Contact: Dan Fuqua Michael Wald
Phone: 404-562-2078 404-562-2076

U.S. Department of Labor's OSHA cites Pelham, Ala., masonry contractor for 21 safety violations with more than $195,000 in proposed penalties

BIRMINGHAM, Ala. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Herrera's Construction for 21 safety violations with $195,200 in proposed penalties after inspectors visited jobsites in Birmingham and Calera, Ala.

"Poorly constructed scaffolding and a careless attitude toward fall protection caused unnecessary risks for this company's employees," said Roberto Sanchez, OSHA's area director in Birmingham. "OSHA will not tolerate lackadaisical attitudes about safety."

OSHA has cited Herrera's Construction for eight repeat violations with proposed penalties totaling $160,000. In addition, 13 serious violations were noted with proposed penalties of $35,200. Violations include the company's failure to address fall protection, failure to properly erect scaffolding and allowing employees to work without proper personal protective equipment. The company had been cited for similar violations in 2005.

A repeat violation is defined as one for which an employer has been cited previously for a substantially similar condition after the original citation has become a final order of the Occupational Safety and Health Review Commission. A serious citation is issued when death or serious physical harm is likely to result from a hazard about which the employer knew or should have known.

The Pelham, Ala.-based company has 15 business days from receipt of the citations to contest the violations and proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Birmingham Area Office at 950 22nd St., Room 1050; telephone 205-731-1534.

OSHA operates a vigorous enforcement program, conducting more than 39,000 inspections in fiscal year 2007 and exceeding its inspection goals in each of the last eight years. In fiscal year 2007, OSHA found nearly 89,000 violations of its standards and regulations.

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 the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit


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