Region 6 News Release: DOL-OSHA-10-1708-DAL
Dec. 17, 2010
Contact: Juan Rodriguez Elizabeth Todd
E-mail: rodriguez.juan@dol.gov todd.elizabeth@dol.gov
Phone: 972-850-4709 972-850-4710

US Department of Labor's OSHA cites masonry company
in Hurst, Texas, for serious and repeat fall hazards

HURST, Texas – The U.S. Department of Labor's Occupational Safety and Health Administration has issued citations to Joe Montalvo, doing business as Montalvo's Masonry, for three serious, one double repeat and three single repeat violations following identification of fall hazards at the company's facility in Hurst. Proposed penalties total $54,000.

"OSHA has specific standards when employees are working on and around scaffolding," said Zachary Barnett, OSHA's area director in Fort Worth, Texas. "It is fortunate in this case that no one was injured."

OSHA's Fort Worth Area Office began its inspection on Oct. 21 at the company's facility on Pipeline Road, which found employees working at an elevation of approximately 14 feet without wearing fall protection. Serious citations allege a failure to provide guardrails to withstand 200 pounds of force, ensure planks extend far enough over the support system of the scaffold and protect employees from exposed electrical wires on equipment cords. A serious citation is issued 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.

The citations for repeat violations allege a failure to ensure a scaffold included a toe board, that working surfaces were fully planked and that a competent person inspect the scaffolding. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

A double repeat citation was issued for an alleged failure to ensure the scaffold had a toe board. A double repeat citation is issued when an employer previously has been issued a repeat citation for the same or a similar violation of a 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.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Fort Worth or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions regarding workplace safety and health standards can call the agency's Fort Worth Area Office at 817-428-2470 or OSHA's toll-free hotline at 800-321-OSHA (6742) to report workplace incidents, 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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