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2 MO Contractors Jailed for OSHA Violations

Wednesday, December 29, 2010

Two St. Louis masonry contractors have been ordered jailed for repeatedly failing to comply with court sanctions enforcing citations by the Occupational Safety and Health Administration.

Brian Andre, former owner of Andre Tuckpointing and Brickwork, and Regina Shaw, owner of Andre Stone & Mason Work Inc., the successor company to Andre Tuckpointing and Brickwork, were arrested Tuesday (Dec. 28), OSHA reported.

The Eighth Circuit Court of Appeals in St. Louis ordered the arrest and incarceration after Andre and Shaw allegedly failed to comply with sanctions ordered by the Eighth Circuit Court of Appeals, following the court's initial ruling of contempt against the two in January 2010.

Citations Date to 2003

The OSHA citations had become final orders of the Occupational Safety and Health Review Commission, an independent agency that adjudicates disputed OSHA cases.

"Employers who expose workers to hazards and blatantly ignore OSHA citations will not be allowed to escape their responsibility of keeping workers safe—or sanctions levied against them for failing to do so," said Charles E. Adkins, OSHA's regional administrator in Kansas City, MO.

OSHA has issued numerous citations since June 2003 to both the original company and its successor, for willful, repeat and serious violations related to fall hazards, scaffolding erection deficiencies, power tool guarding, and other hazards in connection with multiple St. Louis-area projects.

When the companies failed to comply with the court's 11(b) order enforcing the OSHRC's final orders, the Labor Department's Office of the Solicitor filed petitions for contempt.

As a result, a special master of the Eighth Circuit Court of Appeals found Andre, Shaw and Andre Stone & Mason Work in contempt.

$258,582 in Penalties, and Counting

The court ordered various sanctions, including payment of outstanding penalties, which are continually accruing interest and other miscellaneous fees that currently total $258,582.

In addition, the company and Shaw must pay a $100 daily penalty, calculated from the time of default in early 2008 on the Review Commission's final orders. The company must also provide OSHA weekly notification of all current jobs and known future jobs at least 72 hours before commencement of work for three years. Finally, the company must provide training to all workers now and later designated as jobsite "competent persons" before beginning any work and must provide the department with records of such training.

No other details were available from OSHA on Wednesday (Dec. 29), and neither Andre nor Shaw could be reached for comment.

Comment from Jim Brown, (1/3/2011, 11:00 AM)

Safety and Quality are both contract requirements. Contractors must bid to cover the additional cost of Safety and Quality! They don't so corners are cut and OSHA must act. Took a long time, hope there were no injuries during the 10 years!

Comment from Jerry LeCompte, (1/3/2011, 11:09 AM)

The accidental loss of life and serious injury on the job is tragic. However, such matters are systematically designated the fault of the owners/management of the company regardless of real evidence of intended neglect. So, I will say again that our government is legislating our country out of business and has been doing so for decades. The result is that jobs are going to other nations that don't have laws effecting businesses at every level of government as we do here in America. The result is the translocation of jobs, especially in the manufacturing and basic industrial businesses. We either must accept the job losses and its effects on our economy or seek ways to deal with legislated costs through our governmental agencies and legislative bodies. Jerry LeCompte

Comment from Jack Henley, (1/3/2011, 1:51 PM)

To little to late!!

Comment from Tom Schwerdt, (1/11/2011, 3:28 PM)

Jerry, you seem to be of the opinion that the owner can do no wrong. Safety is important, and has to have real management and supervisor support and enforcement.