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Region 8

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Region 8 News Release: 13-403-MON (SF-26)
March 13, 2013
Contact: Deanne Amaden Jose A. Carnevali
Phone: 415-625-2630 415-625-2631

US Department of Labor's OSHA cites Montana asphalt company for failing
to provide fall protection following a worker's death

BILLINGS, Mont. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Corvallis, Mont.-based M.R. Asphalt Inc. with 16 safety and health violations, including one willful, following an investigation into the death of a worker that occurred in September 2012.

An employee checking asphalt levels from the top of a tank at the M.R. Asphalt facility north of Hamilton, Mont., fell 15 feet, hitting his head on a concrete structure supporting the tank. A willful violation was cited for failing to provide a guardrail or fall protection on the working surface. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

"By ignoring fall protection requirements, this employer showed plain indifference and intentional disregard to worker safety," said Jeff Funke, director of OSHA's Billings Area Office. "Employers who knowingly expose workers to life-threatening hazards will be held fully accountable."

Thirteen serious violations include failing to provide workers with information and training on hazardous chemicals, provide adequate toilet and hand-washing facilities and protect workers from moving parts, such as horizontal shafts, drive systems, rotating chains and sprocket assemblies. Other violations include exposing workers to electrical hazards and leaving ladders with defects in service. 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.

Two other-than-serious violations were cited for failing to record each work-related fatality, injury or illness case, and notify OSHA within eight hours of an occupational fatality. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

Proposed penalties total $54,000. The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA 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 Billings office at 406-247-7494.

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


U.S. Department of Labor news materials are accessible at 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.