OSHA Fines Sub-Contractor Following Fatal Fall

Aug. 3, 2000
OSHA cited and fined Apple Siding and Framing $119,350 following a\r\nfatality at a Decatur, Ga., construction site.

OSHA cited and fined Apple Siding and Framing $119,350 following a fatality at a Decatur, Ga., construction site.

One worker was killed when he fell 21 feet from the third floor of an apartment building under construction to the concrete floor below, according to OSHA.

The victim''s employer, Apple Siding, was hired by the project''s general contractor to perform rough framing of the building.

Following an inspection of the facility, OSHA cited Apple Siding with two willful violations of fall protection standards.

The employer''s failure to use guardrails for fall protection and to train employees about fall hazards and the use of fall protection resulted in $98,000 proposed penalty.

The remaining $21,350 fine was assessed for five serious violations involving various hazards associated with fall protection. These included:

  • placing lumber and materials at the edge of the floor;
  • unguarded wall openings;
  • no fall protection plan for employees engaged in residential construction involving framing;
  • blocked exit paths, and failing to enforce foot protection in an area where framing work was being done.

"Falls are one of the most common construction industry accidents," said Raymond Finney, OSHA''s Atlanta-East area director. "The victim in this case had been carrying lumber from one part of the building''s third floor to another using an unguarded, six-foot long walk made of boards nailed together and laid across an open, unconstructed breezeway."

Finney added, "OSHA issued a willful citation in this case due to the seriousness of the violation. One of Apple Siding''s owners was on-site providing direct supervision when the fatality occurred and the company knew about fall protection hazards and OSHA standards and training requirements. In fact, company officials had attended a fall protection meeting conducted by the general contractor prior to the accident."

Because the victim was of Hispanic origin, the OSHA area director stressed the importance of bi-lingual training. "OSHA will hold employers responsible for training every employee at every job site regardless of their understanding of the English language," said Finney. "This is particularly important in a metro area like Atlanta where the construction industry draws large numbers of Hispanic and other non-English speaking workers. If ignorance of job hazards and proper work practices is even partly to blame for high injury rates and fatalities, training will provide a solution."

Lawrenceville-based Apple Siding and Framing employs approximately 50 workers. The company has 15 working days to contest OSHA''s citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

by Virginia Sutcliffe

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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