TAP/CLICK TO EXPAND AD
Industrial Vacuum Equipment Corp.

OSHA Issues Repeat Violator Fall Risk Citations

WEDNESDAY, FEBRUARY 28, 2024


A Framingham, Massachusetts, roofing contractor has been cited once again by the Occupational Safety and Health Administration after exposing employees to potentially fatal flaws.

Brothers Construction Services Inc., which also operates as Brothers Construction and Roofing and Brothers Roofing, most recently violated fall-related safety regulations at a residential worksite in Boston's Hyde Park neighborhood.

OSHA reportedly opened an inspection of Brothers Construction at the Lexington Avenue worksite on Aug. 17, 2023, in response to a complaint that workers on the roof of a residential property were not using fall protection.

Inspectors said they observed multiple OSHA violations involving inadequate fall protection, scaffolds, ladders, training, safety inspections and personal protective equipment.

Specifically, Brothers Construction did not:

  • Provide fall protection for employees exposed to a 20-foot fall hazard;
  • Train employees about fall hazards;
  • Ensure ladders were extended at least 3 feet above the upper landing surface for stability and employees did not carry loads while using ladders;
  • Ensure a ladder jack scaffold that lacked fall protection was erected by a competent person and the ladders supporting the scaffold were properly angled and secured;
  • Have a competent person conduct frequent and regular inspections of the jobsite to identify and correct hazards;
  • Provide employees with hard hats and eye protection; and
  • Provide inspectors with OSHA 300 illness and injury logs within four business hours.
© iStock.com /  john_9
A Framingham, Massachusetts, roofing contractor has been cited once again by the Occupational Safety and Health Administration after exposing employees to potentially fatal flaws.
© iStock.com /  john_9

A Framingham, Massachusetts, roofing contractor has been cited once again by the Occupational Safety and Health Administration after exposing employees to potentially fatal flaws.

As a result of these conditions, OSHA cited Brothers Construction Services Inc. for eight willful, repeat, serious and other than serious violations, amounting to a total of $306,229 in proposed penalties.

Since 2011, OSHA has reportedly cited Brothers Construction Services Inc. and/or commonly owned businesses for similar hazards at worksites in Acton, Arlington, Dedham, Framingham, Holliston, Middleboro, Wareham and Woburn, Massachusetts and Windham, New Hampshire.

“Falls remain the number one killer in construction work, year in and year out. Yet, this employer and too many others repeatedly fail to provide and ensure basic, commonsense and legally required safeguards for their employees,” said OSHA area director James Mulligan in Braintree, Massachusetts.

“At this worksite, OSHA inspectors observed eight workers exposed to falls of up to 20 feet due to lack of fall protection, employee training, an improperly erected scaffold and failure to have a competent person inspect the jobsite to identify and correct hazards. Brothers Construction Services Inc.’s violations left its workers one slip, trip or misstep away from a potentially fatal incident.”

Brothers Construction Services Inc. has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

NLB Corporation
Tarps manufacturing, Inc.

OSHA Fall Prevention

In December, OSHA revealed its annual top 10 most frequently cited workplace safety standards for fiscal year 2023. Fall Protection – General Requirements remained at the top of the list for the 13th year in a row, followed by Hazard Communication and Ladders once again.

The preliminary data was presented by OSHA Region 6 Administrator Eric Harbin during the 2023 National Safety Council 2023 Safety Congress and Expo. The fiscal year ended on Sept. 30.

APV Engineered Coatings
Just Like New Overspray Management

“Although incredible advancements are made in safety each year, we continue to see many of the same types of violations appear on OSHA’s Top 10 list,” said Lorraine Martin, NSC president and CEO. “As a safety community, we must come together to acknowledge these persistent trends and identify solutions to better protect workers.”

The Top 10 most frequently cited standards for FY 2023 were:

  1. Fall Protection – General Requirements (1926.501): 7,271 violations;
  2. Hazard Communication (1910.1200): 3,213;
  3. Ladders (1926.1053): 2,978;
  4. Scaffolding (1926.451): 2,859;
  5. Powered Industrial Trucks (1910.178): 2,561;
  6. Lockout/Tagout (1910.147): 2,554;
  7. Respiratory Protection (1910.134): 2,481;
  8. Fall Protection – Training Requirements (1926.503): 2,112;
  9. Personal Protective and Lifesaving Equipment – Eye and Face Protection (1926.102): 2,074; and
  10. Machine Guarding (1910.212): 1,644.

At the beginning of May, OSHA announced that it has begun a National Emphasis Program to prevent falls in the construction industry. According to the administration, falls are the leading cause of fatal workplace injuries and the violation the agency cites most frequently in construction industry inspections.

Modern Safety Techniques
base painters

The emphasis program will reportedly focus on reducing fall-related injuries and fatalities for people working at heights in all industries. The targeted enforcement program is based on historical Bureau of Labor Statistics data and OSHA enforcement history, including data showing that of the 5,190 fatal workplace injuries in 2021, 680 were associated with falls from elevations, or about 13% of all deaths.

ADVERTISEMENTS

Tagged categories: Civil Penalty; Enforcement; Fall protection; Good Technical Practice; Government; Health & Safety; Health and safety; OSHA; OSHA; Program/Project Management; Regulations; Roofing contractors; Roofs; Safety; Violations; Workers


Comments

Join the Conversation:

Sign in to add your comments.