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OSHA News Release - Table of Contents

DOL Logo OSHA Regional News Brief – Region 3

U.S. Department of Labor

March 10, 2015

OSHA fines Martinsburg, W. Va., contractor more than $109,000 for fall
hazards at Morgantown, W. Va., work site

Employer name and location: Framing, siding, and roofing contractor K&F Construction Inc., P.O. Box 6013, Martinsburg, W. Va. 25402

Inspection site: Suncrest Village, 1000 Suncrest Village, Morgantown, W. Va. 26505, where K&F Construction employees performed roofing operations as part of the construction of three-story townhomes.

Date investigation initiated: The U.S. Department of Labor's Occupational Safety and Health Administration initiated a planned inspection on Sept. 3, 2014, under the agency's Regional Emphasis Program on falls in the construction industry.

Investigation findings: OSHA cited the contractor for three alleged willful violations for not providing fall protection for an employee exposed to a fall of up to 25 feet while working from a platform insecurely placed on the forks of a forklift, and for two employees exposed to a 30-foot fall while installing felt paper on the roof. Additionally, K&F did not ensure workers wore eye protection while using a pneumatic nail gun to lay the felt paper. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to worker safety and health.

One alleged serious violation was due to the company's inappropriate use of a forklift to support a scaffold platform that employees used while working on a wall structure. A serious violation occurs 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.

"In 2006, OSHA cited K&F Construction for the same violations found in this most recent inspection. This company is well aware of the necessary safeguards needed to prevent fall-related and other injuries or deaths," said Prentice Cline, director of OSHA's Charleston Area Office. "With falls the leading cause of death in the construction industry, it is critical that this employer immediately address the cited violations to ensure a safe and healthful workplace."

The company has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Proposed penalties: $109,450

View the citation: http://www.osha.gov/ooc/citations/KF994627_0302_15.pdf

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Media Contacts:

Joanna Hawkins, 215-861-5101, hawkins.joanna@dol.gov

Release Number: 15-368-PHI (osha 15-020)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).

OSHA News Release - Table of Contents

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