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2008 - 07/15/2008 - U.S. Department of Labor's OSHA fines San Antonio Lath & Plaster $63,600 for alleged safety violations

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Region 6 News Release: OSHA-08-867-DAL
Tuesday, July 15, 2008
Contact: Diana Petterson Elizabeth Todd
Phone: 972-850-4709 972-850-4710


U.S. Department of Labor's OSHA fines San Antonio Lath & Plaster $63,600 for alleged safety violations

SAN ANTONIO -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited San Antonio Lath & Plaster in San Antonio for four alleged serious, three alleged repeat and one other-than-serious safety violations carrying proposed penalties totaling $63,600.

"This company has been cited 13 times by OSHA since 1999 for similar violations at construction sites in various cities," said Eric Harbin, OSHA's area director in Austin, Texas. "In this case, it is fortunate that no one was injured."

Following an inspection that began January 24 at the company's worksite in San Antonio, OSHA has issued four serious citations for failure to provide employees with fall protection while working on a rooftop structure, failing to ensure that scaffold planking extended no farther than 12 inches past scaffold supports, failing to ensure that a competent person supervised the scaffold being moved and not implementing a hazard communication program. Serious violations are issued when there is a substantial probability that death or serious injury could occur from a hazard about which the employer knew or should have known.

Repeat violations include failure to ensure the use of hard hats to protect employees from falling objects, and to provide scaffold platforms with handrails and toe boards. A repeat violation is defined as a violation that previously was cited where, upon re-inspection, a substantially similar violation is found.

The other-than-serious violation relates to San Antonio Lath & Plaster's failure to provide OSHA injury and illness logs. Other-than-serious violations are issued when a violation has a direct relationship to job safety and health but is not serious in nature.

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

Employers and employees with questions regarding workplace safety and health standards may call OSHA's San Antonio district office at 210-472-5040 or the agency's toll-free hotline at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to employees.

OSHA operates a vigorous enforcement program, conducting more than 39,000 inspections in fiscal year 2007 and exceeding its inspection goals in each of the last eight years. In fiscal 2007, OSHA found nearly 89,000 violations of its standards and regulations.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthy workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

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U.S. Department of Labor releases are accessible on the Internet at www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audiotape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department 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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