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OSHA Regional News Brief
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Region 4


Please note: As of January 20, 2017, information in some news releases may be out of date or not reflect current policies.

Nov. 16, 2016

OSHA cites South Florida painting company after worker injured
Flacks Painting & Waterproofing faces nearly $90K in penalties

Employer name: Flacks Painting & Waterproofing Inc.

Inspection site:
1461 S. Ocean Blvd.
1461 S. Ocean Blvd.
Lauderdale-By-The-Sea, Florida 33062
Lauderdale-By-The-Sea, Florida 33062

Citations issued: Citations were issued to the employer on Nov. 15, 2016.

Investigation findings: The U.S. Department of Labor's Occupational Safety and Health Administration initiated an investigation after learning an employee suffered neck and back injuries due to a fall. The 48-year-old worker was replacing existing balconies at the North Leisure Gardens community on Ocean Boulevard.

The employee was working from a balcony when it collapsed, causing the worker to fall approximately 18 feet to the ground. After conducting two separate inspections, OSHA cited Flacks Painting & Waterproofing for one willful, four serious and two other-than-serious safety and health violations.

The willful citation was issued to the employer for not ensuring the walking and working surface where employees were working was strong enough to support the workers.

OSHA issued serious citations to the employer for:

  • Failing to ensure the scaffold was fully planked.
  • Failing to ensure adequate support of the scaffold's poles, legs, post and frames.
  • Failing to provide three-tier scaffolds with a complete guardrail system.
  • Failing to ensure a fall protection system was in place for employees.

Two other violations were also cited for failure to develop and implement a respiratory protection program for employees wearing respirators and not developing, implementing or maintaining a written hazard communication program for workers using dangerous chemicals.

Proposed penalties: $89,793

Quote: "This incident was preventable. Had Flacks Painting & Waterproofing provided adequate shoring for the balcony, the worker would not have fallen and suffered serious injuries," said Condell Eastmond, OSHA's area director in Fort Lauderdale. "Employers must ensure workers are protected at all times and when safety issues are bought to management's attention, swift and corrective action must be taken."

The citations can be viewed at: https://www.dol.gov/sites/default/files/newsroom/newsreleases/OSHA20161151249.pdf
https://www.dol.gov/sites/default/files/newsroom/newsreleases/OSHA20161174190.pdf

Based in Pompano Beach, the company has 15 business days from receipt of its 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.

To ask questions; obtain compliance assistance; file a complaint or report amputations, eye loss, 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 Fort Lauderdale Area Office at 954-424-0242.

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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Media Contacts:

Michael D'Aquino, 678-237-0630, d'aquino.michael@dol.gov

Release Number: 16-2090-ATL (322)


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