Region 5 News Release: 10-1431-CHI
Oct. 20, 2010
Contact: Rhonda Burke Scott Allen
Phone: 312-353-6976 312-353-4727
E-mail: burke.rhonda@dol.gov allen.scott@dol.gov

US Labor Department's OSHA fines B.O.S.S. Construction $57,600
for failing to provide adequate fall protection for workers

HILLSDALE, Mich. - The U.S. Department of Labor's Occupational Safety and Health Administration has cited B.O.S.S. Construction of Hillsdale with one alleged willful and one serious safety violation for failing to protect workers from falls at a Monclova, Ohio, residential construction jobsite. Penalties total $57,600.

"Falling is the great safety hazard for workers on roofing projects, and B.O.S.S. Construction has demonstrated a pattern of disregard for its workers' safety by failing to ensure fall protection is in place on jobsites," said OSHA Area Director Jule Hovi. "That is not acceptable, and we are committed to seeing that the workers at this facility are provided a safe and healthy workplace."

The inspection, which was initiated in August as part of OSHA's local emphasis program on falls and residential construction, cited B.O.S.S. Construction with one willful violation carrying a proposed fine of $56,000 for failing to provide workers with fall protection on a pitched residential roof with a fall distance of up to 18 feet. 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.

The serious citation is for failing to ensure that workers were wearing hard hats. That citation carries a penalty of $1,600. An OSHA violation is serious if death or serious physical harm could result from a hazard an employer knew or should have known exists.

Detailed information about fall hazards and safeguards is available on OSHA's website at http://www.osha.gov/SLTC/fallprotection/construction.html.

B.O.S.S. Construction previously was cited in both March and July of 2009 with willful violations for failing to provide fall protection for workers. The company also was cited in June 2008 with a serious violation for failing to provide fall protection and training. Since 2006, the company has incurred $33,200 in OSHA penalties and has paid only $357.38 of those fines. The company was referred to the OSHA Debt Collection Accountability Team in February 2010, when the company repeatedly failed to pay the fines or request an informal conference to contest the penalties.

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. Employers and employees with questions regarding workplace safety and health standards can call OSHA's Toledo Regional Office at 419-259-7542. To report workplace injuries, fatalities or situations posing imminent danger to workers, call OSHA'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 assure 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 releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance.