Region 4 News Release: 13-2074-ATL (283)
Nov. 12, 2013
Contact: Lindsay Williams Michael D'Aquino
Phone: 404-562-2078 404-562-2076
Email: williams.lindsay.l@dol.gov d'aquino.michael@dol.gov

US Department of Labor's OSHA cites Tennessee contractor following
crane collapse on Highway 109 in Gallatin, Tenn.

GALLATIN, Tenn. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Mountain States Contractors LLC for willful, serious and other-than-serious safety violations after a crane collapsed in May during the replacement of the Highway 109 bridge over the Cumberland River. The crane's main boom cable broke, causing the crane to collapse. Penalties total $60,900.

"This employer willfully disregarded worker safety and allowed the crane to operate even though daily crane inspections indicated the cable needed replacement," said William Cochran, OSHA's area director in Nashville. "Replacement cable was available on-site, but the crane was not serviced. It's fortunate no one was killed or seriously injured in this incident."

The willful violation, with $56,000 in penalties, involves the employer failing to remove a damaged wire, rope cable from operation. 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.

The serious safety violation, with $4,900 in penalties, involves failing to ensure that a deficiency noted on the annual inspection was checked on a monthly basis. 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.

The other-than-serious violation, with no monetary penalties, involves failing to ensure workers wearing N95 respirators were provided training that included the information in Appendix D of the respiratory protection standard. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Mountain States Contractors LLC, a general contractor in Nashville, Tenn., has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Nashville, 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 agency's Nashville office at 615-232-3803.

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 or CD from the COAST office upon request by calling 216-893-7828 or TTY 216-893-7755.