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OSHA News Release - (Archived) Table of Contents
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DOL Logo OSHA News Release – Region 6

U.S. Department of Labor

Region 6 News Release OSHA-05-53-DAL
Tuesday, Jan. 18, 2005
Contact: Diana Petterson or Elizabeth Todd
Phone: (214) 767-4776, ext. 222 or 221

OSHA Proposes $128,000 in Penalties Against DeSoto, Texas-based J&R Landmark Construction Corp. for Alleged Safety Violations in Houston

HOUSTON -- A DeSoto, Texas-based construction company's alleged repeated failures to properly erect scaffold equipment and follow safety standards at a Houston, Texas, construction site has resulted in proposed penalties totaling $128,000 from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA).

OSHA cited J&R Landmark Construction Corp., a brick-laying company that employs about 105 workers, for three alleged serious and seven alleged repeat violations following an inspection by OSHA's Houston South area office that began July 2 as part of a local emphasis program aimed at preventing fall hazards in construction. At the time of the inspection, J&R Construction was a subcontractor at a worksite located at Briar Forest Drive in Houston. Employees were working on scaffolds without adequate fall protection equipment.

"Health and safety standards must be followed to save lives and prevent injuries," said Houston South Area Director Charles E. Williams. "This company has been cited on numerous occasions for the same violations, which warrants the high amount of the fines."

The alleged serious violations include failing to protect employees from fall hazards and failing to provide eye protection for workers exposed to eye and face injuries while cutting brick. A serious violation is one in which there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The alleged repeat violations include failing to provide guywires or ties to prevent the scaffold from tipping over and planking; failing to provide guardrails on scaffolds; failing to provide employees with ladders for access; failing to properly deck the scaffolds; failing to provide hard hats as protective equipment, and failing to provide toeboards. OSHA issues a repeat citation when an inspection reveals a violation for which the employer had been previously cited, and where, upon re-inspection, a substantially similar violation is found.

Other companies owned by J&R Landmark's owner, Ramiro Rodriguez, have been inspected by OSHA seven times for similar violations since 1998, resulting in fines totaling $272,200 which the company still owes.

J&R Landmark Construction has 15 working days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions about workplace safety and health can contact OSHA's Houston South area office at (281) 286-0583. A toll-free hotline may be used to report workplace accidents, fatalities, or situations posing imminent danger to workers. The number is 1-800-321-6742.

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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U.S. Labor Department (DOL) 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. 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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