Texas Construction Industry Fall Hazard OSHA Citation

In a September 22, 2009 Press Release, the U. S. Department of Labor’s Occupational Safety and Health Administration (”OSHA”) Englewood Area Office announced that OSHA has cited to Texas companies with penalties of $59,000.00 and $38,750.00, respectively, for alleged violations of the Occupational Safety and Health Act related to fall hazards disclosed at an Aurora, Colorado worksite.  The OSHA Regional News Release found at www.osha.gov or www.dol.gov states that OSHA’s investigation led to one alleged willful and two alleged serious citations against a Carrolton, Texas renovation company, and one alleged willful, two alleged serious and one alleged other-than-serious citations against a roofing company based out of Euless, Texas.  An OSHA Area Director quoted in the Press Release described fall hazards as the biggest killers in the construction industry, adding that OSHA will be stepping up its enforcement of fall hazards, especially in areas where OSHA expects to see an influx in roofing work.  As stated in the Press Release, the alleged willful violations stem from a lack of fall protection for workers performing roof work and failing to use fall protection while workers were being machine lifted to the roof.  In this regard, OSHA issues a willful citation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.  In addition, OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard about which an employer knew or should have known.

Whether fall hazard and fall protection violations, personal injury and death occur at construction jobsites in Texas or elsewhere, employees may contact OSHA regarding enforcement actions and complaints and consult an attorney to determine if a civil lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential OSHA violation claim.