Region 5 News Release: 11-1548-CHI
Nov. 10, 2011
Contact: Scott Allen Rhonda Burke
Phone: 312-353-6976 312-353-6976
Email: allen.scott@dol.gov burke.rhonda@dol.gov

US Department of Labor's OSHA cites Fry's Roofing and Construction in
Toledo for willful violations including lack of fall protection, eye safety

TOLEDO, Ohio – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Fry's Roofing and Construction LLC for four willful safety citations for failing to provide fall protection and ensure workers operating nail guns wore safety glasses at two separate job sites in Findlay and Toledo. Proposed fines total $48,400.

"Falls are the leading cause of death in the construction industry and employers like Fry's Roofing and Construction have a responsibility to protect their workers," said Kim Nelson, OSHA's area director in Toledo. "OSHA is committed to protecting workers on the job, especially when employers fail to do so."

OSHA inspected the Findlay job site on July 15, which resulted in a citation for a willful violation as a result of not using fall protection while roofing a residential structure, which exposed workers to an 18-foot fall hazard. A second willful violation was cited for failing to ensure workers wore safety glasses when operating a nail gun.

On July 19, OSHA inspected the Toledo job site and cited the same two violations. At this location, workers were exposed to a fall hazard of 23 feet without protection. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

Both inspections were conducted under the local emphasis program for fall protection. Local emphasis programs are enforcement strategies intended to address hazards or industries that pose a particular risk to workers in the area. Fry's Roofing and Construction has been cited for violations of both of these standards in 2008 and 2010 at other Ohio job sites.

Fry's Roofing and 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.

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 call the agency's Toledo office at 419-259-6355.

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.