OSHA News Release - (Archived) Table of Contents|
Region 6 News Release: OSHA-04-1651-DAL
Friday, Sept. 10, 2004
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221
Penalties Totaling $115,500
DALLAS -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations and proposed penalties to MFC Construction Co. Inc. of Dallas following its investigation of a fatal accident earlier this year in which a carpenter was killed.
MFC Construction Co. Inc was issued citations for two alleged willful and five alleged serious violations of the Occupational Safety and Health Act. OSHA's investigation began March 5 in response to the fatality.
"We must ensure that employers protect their workers from occupational hazards so that injury and illness rates continue to decline," said U.S. Labor Secretary Elaine L. Chao. "The significant fines of $115,500 proposed in this case reflect both the seriousness of the hazards found here and our commitment to protecting the safety and health of America's workers."
OSHA found the employer did not follow the engineered shoring plan it obtained prior to the start of the project, and concrete formwork was inadequately braced and did not support the weight of the poured concrete. Alleged willful violations involved failure to erect, support and maintain formwork capable of supporting all possible vertical and lateral loads, and permitting employees to work at elevations without fall protection. A willful violation is defined as an intentional disregard of or plain indifference to the requirements of the OSHA law and regulations.
The serious citations were issued for failing to provide high visibility attire to protect workers engaged in directing traffic; failing to have a back-up alarm while operating earthmoving machinery; failing to maintain a copy of the shoring plan for the elevated concrete slab at the job site; failing to provide sound bases for the elevated patio formwork; and failing to appropriately position job-made ladders that also had uneven rungs and lacked a three-feet extension above the upper landing surface. 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.
MFC has 15 working days from receipt of the citations to comply, request an informal conference with the Dallas area office, or to contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
Employers and employees with questions regarding workplace safety and health standards can call the OSHA Dallas area office at (214) 320-2400. OSHA's toll-free hotline number may be used to report workplace accidents, fatalities or situations posing imminent danger to workers at 1-800-321-6742.
OSHA's role is to assure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, please visit www.osha.gov
U.S. Labor Department releases are accessible on the Internet at <http://www.dol.gov>. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request at (202) 693-7765 or TTY (202) 693-7755. The U.S. Department of Labor 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>.
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