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OSHA News Release
2005 - 07/06/2005 - Roofing Contractor Fined $85,000 for Failing to Correct Job Safety Violations

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Region 7 News Release:    OSHA/05-1177-KAN
Date: Wednesday, July 6, 2005
Contact: Norma J. Conrad
Phone: 816-426-5491


Roofing Contractor Fined $85,000 for Failing to Correct Job Safety Violations

OMAHA, Neb. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a "Notification of Failure to Abate Alleged Violations" and an other-than-serious citation with total proposed penalties of $85,000 to USA Roofing & Construction Inc. and its successor company, USA Roofing of Central Florida Inc., in Omaha.

The company provided no response to previous citations for alleged repeat and serious violations of safety standards that carried a total proposed penalty of $8,200. On May 25, OSHA conducted a follow-up inspection resulting in "failure-to-abate" penalties of $84,000 and a citation for an other-than-serious violation with a proposed penalty of $1,000.

"For injury and illness rates to continue to decline, we must make sure that employers respond to OSHA citations and correct violations that expose employees to workplace hazards," said OSHA Regional Administrator Charles E. Adkins, CIH. "The significant penalty of $85,000 in this case demonstrates the agency's commitment to protect the health and safety of American workers."

OSHA has inspected USA Roofing & Construction several times at various locations across the U.S. between 2000 and 2005, issuing citations for hazardous conditions similar to those found at the Omaha site.

Repeat citations were issued to the company for exposing workers to fall hazards without fall protection; failing to train workers regarding fall hazards and fall protection, and failing to use a ladder properly to access elevated work areas. OSHA issues a repeat citation when an employer has been cited for a similar hazard in the past.

The serious citations alleged inadequate chemical hazard programs and training and failure to train workers regarding proper use of ladders. Serious citations are issued when there is substantial probability that death or serious physical harm could result from hazards about which the employer knew or should have known.

The other-than-serious citation was issued for failure to certify to OSHA that each cited violation has been abated.

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

Employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to ensure the safety and health of America's workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health. For more information, visit www.osha.gov.


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U.S. Labor Department (DOL) releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format upon request (large print, Braille, audio tape or disc) from the COAST office. Please specify which news release when placing your request. Call (202) 693-7765 or TTY (202) 693-7755. DOL is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit www.dol.gov/compliance.

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