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Region 6 News Release DOL-OSHA-10-512-DAL
Contact: Elizabeth Todd
Phone: 972-850-4710
E-mail: todd.elizabeth@dol.gov

US Department of Labor's OSHA cites Birdair Inc.
for alleged safety hazards at Arlington, Texas, worksite

ARLINGTON, Texas - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Birdair Inc., headquartered in Amhurst, N.Y., following an investigation at the company's worksite in Arlington, Texas, where two workers fell and were injured. Proposed penalties total $45,000.

OSHA's Fort Worth Area Office began its inspection at the Dallas Cowboys Stadium on Legends Way in Arlington after two workers slid about 260 feet down the side of the dome roof before falling into the gutter system. Both workers sustained life threatening injuries.

"Employers must provide a safe and healthful workplace for their workers," said Zachary Barnett, OSHA's area director in Fort Worth, Texas. "If OSHA's standards for fall protection had been followed, it is possible these employees would not have been seriously injured."

The company was cited with one alleged willful and one alleged serious violation of the OSHA standards. The willful violation was issued for failing to ensure that employees were wearing the required fall protection equipment. OSHA defines a willful violation as one committed with intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.

The serious violation was issued for failing to provide employees with training on the hazards associated with falls. Serious citations are issued when death or serious injury could result from a hazard about which the employer knew or should have known.

Birdair Inc. has 15 business days from receipt of citations to comply, request an informal conference with OSHA's area director in Fort Worth or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Fort Worth area employers and employees with questions about safety and health can call 817-428-2470 or OSHA's hotline at 800-321-6742 to report workplace accidents, fatalities and imminent dangers. Detailed information about fall hazards and safeguards is available on OSHA's Web site at http://www.osha.gov/SLTC/fallprotection/construction.html.

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 these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department 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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