OSHA Cites C.A. Franc Construction Company $539,000 for Willful Fall Hazard

Feb. 17, 2010
OSHA has fined the C.A. Franc construction company $539,000 following the investigation of a roofing worker who fell 40 feet to his death at a Washington worksite. The Valencia, Pa.-based roof installer owned by Christopher A. Franc, was cited for 10 per instance willful citations for failing to protect workers from falls. In a related criminal case, Christopher Franc pleaded guilty in federal court to a violation of 29 U. S. C. Section 666(e). Sentencing is scheduled for June 18.

“Mr. Franc knowingly and willfully failed to protect his workers from falling to their death,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “We will not tolerate this type of blatant and egregious disregard for the health and safety of workers.”

OSHA began its investigation immediately following the worker’s death on Aug. 15, 2009, and found the C.A. Franc company had failed to provide any fall protection to its employees working on a pitched roof 40 feet off the ground. In addition, Mr. Franc failed to train a newly hired college student in hazards and the necessary safety measures for roofing work.

As a result of the investigation, the company was cited for 10 alleged per-instance willful violations, one for each employee working unprotected on the roof, with a proposed penalty of $490,000, and one additional alleged willful violation for failing to train the new employee, with a penalty of $49,000.

General contractor Hospitality Builders Inc. also has been cited with one willful violation and a proposed penalty of $70,000 for failing to ensure that C.A. Franc workers had fall protection.

“This fall fatality was one of five that occurred during a 15-day span in the Pittsburgh area,” said John M. Hermanson, OSHA’s regional administrator in Philadelphia, Pa. “Falls are the leading cause of fatalities in the construction industry. Failure to provide employees with fall protection is unconscionable. We urge construction companies to take the necessary action to ensure their workers are protected.”

OSHA defines a willful violation as one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to employee safety and health. Detailed information about fall hazards and safeguards is available on OSHA's Web site at http://www.osha.gov/SLTC/fallprotection/construction.html.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA’s area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

About the Author

Sandy Smith

Sandy Smith is the former content director of EHS Today, and is currently the EHSQ content & community lead at Intelex Technologies Inc. She has written about occupational safety and health and environmental issues since 1990.

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