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Painter Fined in Fall Case

Friday, November 18, 2016

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A Florida painting and waterproofing contractor faces nearly $90,000 in fines after an employee was injured in an 18-foot fall in May at a condominium development in Lauderdale By The Sea.

After two investigations, the U.S. Department of Labor’s Occupational Safety and Health Administration cited Flack’s Painting & Waterproofing Inc., of Pompano Beach, with five alleged violations—one willful, four serious and two other-than-serious—stemming from the incident.

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Flack's Painting and Waterproofing Inc., of Pompano Beach, FL, specializes in high-rises, commercial and industrial work.

Investigators said the 48-year-old worker had been replacing balconies at the North Leisure Gardens community on Ocean Boulevard when the balcony collapsed, causing him to fall to the ground. He suffered neck and back injuries in the fall.

‘Preventable’ Fall

OSHA called the incident “preventable” in announcing its citations Wednesday (Nov. 16).

“Had Flacks Painting & Waterproofing provided adequate shoring for the balcony, the worker would not have fallen and suffered serious injuries," said Condell Eastmond, OSHA's area director in Fort Lauderdale. "Employers must ensure workers are protected at all times and when safety issues are bought to management's attention, swift and corrective action must be taken."

The proposed fines associated with the hazards cited total $89,793.

Flack's Painting & Waterproofing did not immediately respond Thursday (Nov. 17) to requests for comment.

The Hazards

OSHA issued the willful citation, carrying a proposed fine of $62,355, for allegedly not ensuring the walking and working surface where employees were working was strong enough to support the workers.

The agency issued serious citations to the employer for allegedly failing to:

  • Ensure the scaffold was fully planked;
  • Ensure adequate support of the scaffold's poles, legs, post and frames;
  • Provide three-tier scaffolds with a complete guardrail system; and
  • Ensure a fall protection system was in place for employees.

Two other violations were also cited for the alleged failure to develop and implement a respiratory protection program for employees wearing respirators and for not developing, implementing or maintaining a written hazard communication program for workers using dangerous chemicals.

About the Company

Flack's Painting & Waterproofing is described as a “major painting and restoration” company, according to its website. The company has offered a variety of painting, waterproofing and concrete restoration services to clients in Florida for more than 20 years, the website notes.

Flack’s Painting & Waterproofing's website says it has also worked in other parts of the country on Embassy Suites and Double Tree Hotels. The company specializes in high-rises, commercial and industrial work.

A review of OSHA’s database did not show any other recent cases.


Tagged categories: Citations; Commercial / Architectural; Fall protection; Good Technical Practice; Hazards; Health and safety; OSHA; Painters; Waterproofing

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