Region 6 News Release: 10-1459-CHI
Oct. 20, 2010
Contact: Elizabeth Todd Juan Rodriguez
E-mail: todd.elizabeth@dol.gov rodriguez.juan@dol.gov
Phone: 972-850-4710 972-850-4709

US Department of Labor's OSHA fines construction contractor for failing to
protect workers from falls and other hazards at Rockwall, Texas, worksite

ROCKWALL, Texas - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Francisco Rubio, a Sunnyvale, Texas-based framing contractor, for two alleged serious and 10 alleged repeat violations for failing to protect workers from fall, electrical and struck-by hazards at the company's worksite in Rockwall. Proposed penalties total $82,200.

"This is not the first time Francisco Rubio has exposed workers to unsafe working conditions," said Stephen Boyd, OSHA's area director in Dallas, Texas. "OSHA has specific standards for protecting employees from safety hazards. It is fortunate in this case that no one was injured."

OSHA began its inspection on Oct. 11 at the company's worksite on Barton Springs Lane in Rockwall and found employees were framing a house without the use of protective equipment such as safety glasses, hard hats or safety belts.

The serious violations are for failing to ensure electrical cords were capable of carrying the proper load or current while using power tools and to provide fire extinguishers. A serious violation is one in which there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Repeat violations include failing to provide required fall protection equipment, provide safe access to elevated work areas such as extension ladders, ensure the use of safety glasses while working with power tools and ensure that work platforms and walkways were at least 18 inches wide. A repeat violation is issued when an employer previously was cited for the same or a similar violation of any standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

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

Francisco Rubio has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Dallas Area Office or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions about workplace safety and health standards can call OSHA's Dallas Area Office at 214-320-2400 or the agency's toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

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.