Region 4 News Release: 13-2319-ATL (317)
Dec. 16, 2013
Contact: Michael D'Aquino Lindsay Williams
Phone: 404-562-2076 404-562-2078
Email: d'aquino.michael@dol.gov williams.lindsay.l@dol.gov

US Department of Labor's OSHA cites Tim Graboski Roofing of Delray Beach,
Fla., for willful and serious violations following worker fatality

FORT LAUDERDALE, Fla. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Tim Graboski Roofing Inc. of Delray Beach for four safety violations, including two willful, following the death of a worker. OSHA also conducted a second inspection at a different company location as part of the agency's local emphasis program on fall hazards in construction.

"Tim Graboski Roofing has repeatedly failed to address the fall hazards associated with roofing work," said Condell Eastmond, OSHA's area director in Fort Lauderdale. "The company needs to correct the pattern of exposing workers to falls and other workplace hazards immediately, which resulted in this tragic loss of life."

On June 27, a worker was electrocuted at a residential job site in Boca Raton when attempting to reposition a metal extension ladder that made contact with overhead electrical power lines. On July 23, OSHA inspectors passing by a residential work site in Cooper City observed workers exposed to fall hazards, prompting a second inspection.

The willful citation on June 27 involves exposing workers to fall hazards of approximately 30 feet by not ensuring usage of a fall protection system. The citation on July 23 involves workers engaged in residential construction up to 19 feet above ground without guardrail systems, a safety net system, a personal fall arrest system, or any alternative fall protection measure. 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.

Two serious violations relating to the fatality involve directing a worker to use a metal extension ladder to gain access to a rooftop in close proximity to high-voltage power lines that were not deenergized, grounded or guarded. The employer allowed the worker to use a metal extension ladder lacking nonconductive side rails when in close proximity to high-voltage power lines. 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 citations can be viewed at http://www.osha.gov/ooc/citations/TimGrabroskiRoofing_915428_922611_12_12_2013.pdf*.

OSHA's fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs. It was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

The citations for the willful and serious violations carry $154,000 in proposed penalties. 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. http://www.osha.gov.

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 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 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.

* Accessibility Assistance: Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF materials.