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2009 - 03/31/2009 - Fall hazards at Torrington, Conn., site lead to more than $118,000 in U.S. Labor Department OSHA fines for Tennessee stucco contractor

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Region 1 News Release: 09-241-BOS/BOS 2009-081
Tues., March 31, 2009
Contact: Ted Fitzgerald
Phone: 617-565-2074

Fall hazards at Torrington, Conn., site lead to more than $118,000 in U.S. Labor Department OSHA fines for Tennessee stucco contractor

HARTFORD, Conn. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has proposed $118,650 in fines against 4 Brothers Stucco Co., a Cleveland, Tenn., stucco contractor, for 15 alleged repeat and serious violations of safety standards at a Torrington, Conn., worksite.

OSHA's inspection found employees working on scaffolding, in an aerial lift and on the roof at the 492 East Main St. worksite, were exposed to falls of up to 22 feet. The inspection also identified electrical, overhead and chemical hazard communication deficiencies at the worksite.

"These sizable fines reflect both the seriousness and recurring nature of several of the conditions cited here," said C. William Freeman III, OSHA's area director in Hartford. "Keep in mind that falls are the number one killer in construction work and can occur in an instant. Be it a scaffold, an aerial lift or a roof, proper and effective fall protection must be in place and in use at all times."

Specifically, 4 Brothers, which also operates as VP Stucco Co. Inc., was issued six repeat citations, with $84,000 in proposed penalties, for no fall protection for employees in an aerial lift; lack of guardrails on the scaffold; employees climbing the scaffold's side and cross braces; employees not trained to recognize scaffold hazards; no protective helmets; and failing to have the scaffold erected and dismantled under the supervision of a competent person. OSHA cited the company in 2007 and 2008 for similar hazards at worksites in Concord, N.H., and Plainville, Conn.

The Torrington inspection also resulted in nine serious citations, with $34,650 in proposed penalties, for employees working on a roof without fall protection; an improperly supported scaffold; unguarded walkways between scaffolds; using an ungrounded extension cord to power a mixing drill; and lack of a hazard communication program, training, material safety data sheets, and protective gloves for employees working with cement and hazardous chemicals. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

Detailed information about fall hazards and safeguards is available on OSHA's Web site at http://www.osha.gov/SLTC/fallprotection/construction.html. 4 Brothers has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director or contest the citations and proposed penalty before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Hartford Area Office, telephone: 860-240-3152.

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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