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Region 4 News Release
Release Number: 04-2432-ATL (290)
Date: Thursday, Dec. 16, 2004
Contact: Ron McGill     Jo Anne Burgoyne
Phone: (615) 781-5423           (404) 562-2076


OSHA Cites Contractor for Safety Hazards Following Fatal Accident at TVA's Cumberland City Plant

NASHVILLE, Tenn. -- The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) has cited Day & Zimmermann NPS Inc., at the Tennessee Valley Authority (TVA) Cumberland City Power Generation Plant after a worker fell to his death on June 16. The agency is proposing $89,000 in penalties.

OSHA investigators found that on the day of the fatal accident, before the worker fell 82 feet to the floor below, Day & Zimmermann employees had climbed back and forth several times between an aerial lift basket and a raised platform without the use of fall protection equipment.

"This tragic accident could have been prevented if the company had followed the manufacturer's safety instructions," said Ron McGill, OSHA's Nashville area director.

The company received one willful citation, with a proposed penalty of $70,000 for allowing employees to climb from an aerial lift basket onto a raised platform without the use of fall protection equipment. OSHA issues a willful citation when an employer has shown intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

OSHA also issued three serious citations to the company, with proposed penalties totaling $19,000, for: failing to properly secure and steady a raised lift basket; allowing employees to work from the basket without requiring them to stand on its floor; and failing to adequately train employees and assure that they had the skill necessary to work from raised lift baskets.

Philadelphia-based Day & Zimmermann has 15 working days to contest the OSHA citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Although most job safety and health inspections in the state are conducted by the Tennessee Department of Labor, federal OSHA retains jurisdiction on military posts and other federal property. The investigation was conducted by staff from the federal OSHA office in the Green Hills Office Park, Suite C-205, 2002 Richard Jones Rd., Nashville; phone: (615) 781-5423.

Employers are responsible for providing a safe and healthful workplace for their employees. 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, visit www.osha.gov.


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Information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc). Call (202) 693-7765 or TTY (202) 693-7755. DOL 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 www.dol.gov/compliance.


Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

OSHA News Release - (Archived) Table of Contents

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