Region 5 News Release: 11-656-CHI
May 16, 2011
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-4807
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA cites Capital Construction for exposing
workers to fall, other hazards on Cleveland job site; fines total $102,000

CLEVELAND – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Capital Construction in Canal Fulton for six safety, including one willful, violations, including failing to provide fall protection for residential roofers. The company faces penalties totaling $102,000 following an OSHA investigation conducted in November 2010 at a Cleveland job site.

The willful violation carrying a penalty of $70,000, was cited after OSHA inspectors observed employees working without fall protection at heights greater than 20 feet. 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.

"Falls are a leading cause of injury and death in the construction industry," said Howard Eberts, OSHA's area director in Cleveland. "Employers are responsible for ensuring that workers are not exposed to risks that could result in injury or death."

Five serious violations, with proposed fines of $32,000, include failing to provide protective eyewear, head protection, fall training and instruction in the avoidance of unsafe working conditions, as well as failing to maintain safety programs. 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.

OSHA standards require that an effective form of fall protection, such as guardrails, safety nets or personal fall arrest systems, be in use when workers perform residential construction activities 6 feet or more above the next lower level. Detailed information on fall protection hazards and safeguards is available online at http://www.osha.gov/SLTC/fallprotection/index.html.

Capital Construction 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. Employers and employees with questions regarding workplace safety and health standards can call OSHA's Cleveland Area Office at 216-615-4266. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.