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The owner of an Alabama steel and roofing company has been sentenced to three years of probation and 30 hours of community service after lying to federal safety authorities regarding a March 2013 incident involving three injured workers.
Marcus Borden, of Russellville, admitted he lied to U.S. Department of Labor’s Occupational Safety and Health inspectors about providing his crew with fall protection equipment.
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©iStock.com / Les Palenik |
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Marcus Borden lied to OSHA about providing his workers with fall protection gear after three workers were seriously injured at a jobsite in Cordova, AL. The image does not depict the parties involved in this case.
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Borden pleaded guilty to one count of making false statements to OSHA in May 2015. He was sentenced Aug. 6, authorities announced Monday (Aug. 24).
3 Workers Injured
The case stems to March 18, 2013, at a jobsite in Cordova, AL.
Borden had been supervising a five-person crew working on a roofing project when a severe thunderstorm struck, according to case documents.
During the storm, three of the workers were seriously injured. One suffered a left arm amputation after being thrown against the edge of a new metal roof. Another worker was thrown across the roof and suffered an injured shoulder.
The third worker was wrapped in a sheet of metal, managed to escape, but was carried by the momentum over the roof's edge and fell 30 feet to the ground, OSHA said. That worker broke his wrists, ribs, tail bone and pelvis in the fall.
None of the workers had been provided with fall protection equipment, nor were they tied-off to the roof at the time of the accident or had a means to exit the roof quickly, according to OSHA.
Lies Told
During OSHA’s inspection, Borden said he told an inspector he had been present on the jobsite on the day of the accident and that he had obtained personal fall arrest equipment to protect his workers from falls five days before the incident.
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©iStock.com / kavram |
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Borden had been supervising a five-person crew working on a roofing project on March 18, 2013, when a severe thunderstorm struck, according to case documents.
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However, it was discovered that he actually retained the equipment on March 18, following the accident.
Borden also claimed that the employees had been tied off when he knew they were not.
Citations Issued
In September 2013, OSHA cited Borden for six safety violations, carrying $55,000 in fines.
According to the agency, a willful citation was issued for failing to provide workers with fall protection while working within 6 feet of an open edge that was 30 feet above the ground.
Additionally, four serious violations were cited for exposing workers to severe weather conditions and not securing metal decking during inclement weather conditions.
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OSHA |
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Falls are the leading cause of death in construction.
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Borden was also cited for an other-than-serious violation for failing to notify OSHA about the workers being admitted to the hospital due to a work-related incident.
Case Settled
Borden initially contested OSHA’s citations, but later settled the case, agreeing to all violations as cited and the penalties assessed.
The settlement was approved by the Occupational Safety and Health Review Commission and became a final order on July 23, 2014.
Charged and Sentenced
Nearly a year later, on April 6, 2015, the U.S. Department of Justice charged Borden with making false statements and lying to OSHA inspectors.
Borden pleaded guilty to one count of making false statements on May 13 in the U.S. District Court in the Northern District of Alabama.
"Marcus Borden provided false information to OSHA during the investigation and needs to face the consequences for his actions," said Kurt Petermeyer, OSHA's regional administrator in Atlanta.
"The injuries sustained by the three employees could have been avoided if Borden had fulfilled his responsibility to ensure a safe working environment and provide the necessary protection to his workers."
OSHA has begun to refer more cases to the Justice Department for investigation and possible criminal charges, according to reports.
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