Judge Upholds OSHA Findings Relating to Fall Hazards at Rochester, NY, Roofer
Elmer W. Davis Inc. faces two serious violations and $16,782 in penalties.
- By Robert Yaniz Jr.
- Oct 29, 2024
A federal judge has ordered Rochester, New York-based roofing company Elmer W. Davis Inc. to pay $16,782 in OSHA penalties after upholding two serious violations related to fall protection and ladder safety. The agency identified the violations at a worksite inspection located at the Village of Newark’s municipal building in April 2022.
According to a recent release, the administrative law judge found that the company failed to adequately protect its employees, specifically one worker who stood near a 40-foot edge without fall protection while directing a crane. Additionally, OSHA cited the company for allowing employees to use an unsafe ladder.
The judge’s ruling followed a contested hearing before the Occupational Safety and Health Review Commission, during which Elmer W. Davis Inc. argued it had adequately trained employees and couldn’t be held responsible for unpreventable employee misconduct. However, the court rejected the claim, noting that the hazardous conditions were apparent to company supervisors and thus under the employer’s purview.
The company also argued that OSHA’s inspection violated its Fourth Amendment rights against unreasonable search, claiming that inspectors had breached privacy by accessing the rooftop worksite. This argument was also dismissed, with the judge ruling that Elmer W. Davis had no reasonable expectation of privacy on a rooftop it did not own and that the OSHA inspection was conducted reasonably.
"Falls from roofs and other elevations are the leading cause of death in the construction industry, needlessly killing hundreds of workers each year and leaving many more with permanent and often disabling injuries," OSHA Area Director Jeffrey Prebish in Syracuse, New York, said in a statement.
The decision will become final on Oct. 30, 2024, unless the Occupational Safety and Health Review Commission intervenes. The company has filed an appeal.
About the Author
Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.