Region 6 News Release:   USDL-OSHA-00-139-10-26
Thurs., Oct. 26, 2000
Contact: Diana Petterson
PHONE: (214) 767-4776, ext. 222 or 221

OSHA PROPOSES A $43,400 PENALTY AGAINST K &T CONSTRUCTION CO., INC., IN VICTORIA, TEXAS

The federal Occupational Safety and Health Administration has cited K & T Construction Co., Inc., of Victoria, Texas, with citations for safety violations totaling $43,400.

The OSHA investigation began June 23, 2000, when an employee, who was working at the Holy Family Catholic Church Parish Hall Expansion Project, in Victoria, Texas, fell approximately 35 feet to his death from the steel roof deck under construction.

K & T Construction Co., Inc., is a general contractor of residential buildings other than single family homes, and employs about 23 employees.

OSHA has cited the company with one willful and three serious violations.

A willful violation is defined by OSHA as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act and regulations.

A serious violation is one in which there is a substantial probability that death or serious physical harm could result and the employer knew or should have known of the hazard.

The serious violations were for not instructing each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards of other exposure to illness or injury; not initiating and maintaining such programs as necessary to comply with the standards and address working conditions which are unsanitary, hazardous, or dangerous to the workers' health or safety; and for not holding frequent and regular inspections of the job site, materials, and equipment, by a competent person.

The willful violation was for not installing or maintaining safety nets where the fall distance exceeded two stories or 25 feet on tiered buildings or structures not adaptable to temporary flooring and where scaffolds were not used.

The company has 15 working days from receipt of the citations to comply, request an information hearing with the Corpus Christi area director, or to contest the citations and penalties before the independent Occupational Safety and Health Review Commission.