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Region 6 News Release: OSHA-08-235-DAL
Friday, Feb. 22, 2008
Contact: Diana Petterson or Elizabeth Todd
Phone: 214-767-4776, ext. 222 or 221

U.S. Department of Labor's OSHA cites N SKY Construction for multiple safety violations following fatality at Seabrook, Texas, worksite

SEABROOK, Texas -- The alleged failure to protect its employees from safety hazards has brought Seabrook-based N SKY Construction LLC multiple citations from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) following a fatality at the company's worksite in Seabrook.

N SKY Construction was cited for one willful, 18 serious and two other-than-serious safety violations carrying $110,600 in proposed fines following an OSHA inspection which began on Aug. 22, 2007, at the company's Endeavour Condominium worksite. The investigation revealed that an employee, who was sweeping floors as part of a clean-up crew, backed off an unprotected edge and fell 29 floors to his death. The company, which specializes in high-rise construction, had 37 employees, with an additional 25 contract workers, at the site.

"This employer ignored safety and health rules that could have prevented the tragic death of this employee," said Dean McDaniel, OSHA's regional administrator in Dallas.

The willful violation is for failing to provide employees with fall protection on open-sided flooring and edges which could result in fall hazards of greater than 300 feet. A willful violation is one committed with plain indifference to or intentional disregard for employee safety and health.

Serious violations include the company's failure to: provide fall protection on unprotected sides and edges; provide employees with fall protection training; provide adequate and sufficient fire protection throughout the site; properly secure and store compressed fuel gas cylinders; and protect employees from live electrical parts in temporary wiring. A serious violation is one involving a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Other-than-serious violations are for failing to follow OSHA regulations related to recordkeeping.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Houston, or contest the citations and 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 at 800-321-6742 may be used to report workplace accidents, fatalities or situations posing imminent danger to employees.

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 assure the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit

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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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