Region 5 News Release: 13-17-CHI
Jan. 7, 2013
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA fines Zamastil Exteriors in Wonder Lake,
Ill.; $87,010 in proposed fines for lack of worker fall protection

WONDER LAKE, Ill. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Zamastil Exteriors, a roofing company in Wonder Lake, with seven safety violations, including one willful and one repeat, following two separate inspections in July and in October 2012 for failing to provide and ensure workers use proper fall protection while conducting roof work on a multicomplex apartment building. Proposed fines from both inspections total $87,010.

"When working from heights, such as roofs, ladders and scaffolds, employers must plan projects to ensure that the job is done safely, provide the proper equipment and train workers," said Kathy Webb, OSHA's area director in Aurora.

A repeat violation with a fine of $10,780 was cited for the July 2012 inspection for failing to provide fall protection. A repeat violation exists 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. A similar violation was cited in October 2011.

The October 2012 inspection began when an OSHA inspector witnessed violations of an aerial lift, which resulted in Zamastil Exteriors being issued a willful citation for again failing to provide proper fall protection equipment. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or plain indifference to employee safety and health.

Five serious violations were cited for overloading and improperly using an aerial lift and failing to provide proper lanyard tie offs to workers in the aerial lift. The company was also cited for exposing workers to electrical shock by failing to provide proper ground fault protection and using a ladder that did not extend 3 feet above the landing surface. 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 October 2012 inspection resulted in a fine of $76,230.

OSHA and the National Institute for Occupational Safety and Health are working with trade associations, labor unions, employers, universities, community and faith-based organizations and consulates to provide employers and workers-especially vulnerable, low-literacy workers-with education and training on common-sense fall prevention equipment and strategies that save lives. OSHA has also created a new fall prevention Web page at http://www.osha.gov/stopfalls that includes detailed information in English and Spanish on fall protection standards.

Zamastil Exteriors has 15 business days from receipt of its citations and penalties to comply, request an informal 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 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 Aurora Area Office at 630-896-8700.

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 202-693-7830 or TTY 202-693-7755.