Region 9 News Release: 09-1006-SAN (SF-107)
Sept. 9, 2009
Contact: Deanne Amaden
Phone: 415-625-2630

U.S. Labor Department's OSHA cites Guam general contractor, 5 subcontractors for multiple safety and health violations
Proposed penalties for all 6 employers total $116,600

SAN FRANCISCO -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed penalties totaling $116,600 against a general contractor and five subcontractors for 61 alleged safety violations found during a March inspection at the Charthouse Condominium Project in Tumon, Guam.

OSHA cited general contractor Paxia Builders Inc. and five subcontractors with 53 serious, seven repeat and one other-than serious violations for failing to provide eye and head protection, lack of fall protection, unprotected exposed rebar, various equipment safety concerns, lack of required safety training and fire prevention measures, failure to maintain safety and health programs or conduct regular safety inspections at the jobsite, and a variety of sanitation-related violations.

'The workers at this construction site were exposed to multiple serious safety and health violations,' said Ken Atha, OSHA's regional administrator in San Francisco. 'With construction projects expected to increase in Guam with the military buildup, OSHA wants employers to take safety and health seriously to ensure each of their workers is properly trained and working safely each day.'

Paxia has been cited for 24 serious violations with proposed penalties of $31,500 and seven repeat violations with proposed penalties of $49,100. OSHA has inspected Paxia on 15 previous occasions, with violations found during 11 of those inspections.

The five subcontractors included in the inspection and cited by OSHA include the following Guam-based contractors:

• Equatorial Manufactory Inc.: three serious violations with proposed penalties of $5,400.
• Island Roofing Co: four serious violations and one other-than-serious violation with proposed penalties of $4,000.
• JBL General Builders: 12 serious violations with proposed penalties of $14,400.
• M Electric Corp.: seven serious violations with proposed penalties of $10,200.
• UMS Equipment Rental: three serious violations with proposed penalties of $2,000.

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. A repeat violation is one where the employer previously was cited and upon re-inspection a substantially similar violation is found.

The companies have 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission. Employers and employees with questions about workplace safety can call OSHA's San Francisco Regional Office at 800-475-4019 or OSHA's toll-free number 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, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

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