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OSHA News Release
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Region 5


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Region 5 News Release: 12-2049-CHI
Oct. 11, 2012
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA cites Lunda Construction after worker
killed in crane collapse on Highway 41 project near De Pere, Wis.

DE PERE, Wis. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Lunda Construction Co. of Black River Falls with three serious safety violations after a worker was struck by a section of the crane he was assembling and killed April 20. OSHA initiated an inspection in response to the incident, which occurred at a construction site on Highway 41 south of Schuering Road near De Pere.

The violations involve failing to train workers and provide written procedures on safe crane assembly, provide a competent person to supervise the assembly and disassembly of the crane, and follow the manufacturer's recommended procedures for assembly of the American 5299 crawler crane. 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.

"Failing to train workers in the proper operation and use of equipment is a prime contributor to injuries and fatalities in the workplace," said Frank Winingham, OSHA's area director in Appleton. "If Lunda Construction had followed safety standards, this incident may have been prevented."

Lunda Construction previously had been inspected by OSHA 14 times since 2007, resulting in citations for seven violations.

Proposed fines following the latest inspection total $21,000; the maximum fine OSHA may assess per serious violation is $7,000. The company 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 Appleton Area Office at 920-734-4521.

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 202-693-7828 or TTY 202-693-7755.