Region 7 News Release: 09-409-KAN
April 21, 2009
Contact: Jeremy Eggers
Phone: 303-844-1299

U.S. Department of Labor's OSHA cites Omaha, Neb.-based Miranda Roofing for violations of Occupational Safety and Health Act
Agency issues more than $148,000 in proposed penalties against company

OMAHA, Neb. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Miranda Roofing in Omaha for alleged violations of the Occupational Safety and Health (OSH) Act and has proposed $148,400 in penalties against the company.

OSHA cited the roofing company following an inspection that found employees exposed to fall hazards without fall protection. The inspection found two alleged willful, one alleged serious and one alleged repeat violation of the OSH Act.

"There is no excuse for the lack of fall protection, and it's outrageous to think that employers still allow employees to be exposed to fall hazards without ensuring fall protection is in use," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents from occurring."

The alleged willful violations stem from the company's failure to instruct workers in recognizing, avoiding and eliminating unsafe conditions when they are exposed to falling to the next lower level and the lack of fall protection when workers are exposed to fall hazards. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The alleged serious violation stems from the lack of instruction in the proper uses, placement and care of portable ladders. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.

The alleged repeat violation stems from improper placement of the portable ladder. OSHA issues a repeat citation when the employer has been issued a violation for a substantially similar hazard in the previous three years that has become a final order.

Miranda Roofing has 15 business days from receipt of these citations to comply, request an informal conference with OSHA's area director in Omaha or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful 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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