Contempt Orders Issued Against Masonry Firm for Ignoring OSHA Citations

The U.S. Court of Appeals for the Eighth Circuit has issued contempt of court orders against Brian Andre, former owner of Andre Tuckpointing and Brickwork (AT&B), Andre Stone and Mason Work Inc. (AS&MW), and Regina Shaw, owner of AS&MW. According to OSHA, the St. Louis-area company and individuals received the contempt orders for failing to comply with court orders enforcing citations of the Occupational Safety and Health Review Commission.

"Companies that expose employees to hazards, and then blatantly ignore citations requiring correction of those hazards, will not be overlooked," said Charles E. Adkins, OSHA regional administrator in Kansas City, Mo. "Employers must fulfill their responsibility to keep employees safe, as well as satisfy any sanctions levied for failing to do so."

The cases stem from numerous citations OSHA issued to AT&B and its successor, AS&MW, for willful, repeat, and serious violations related to fall hazards, scaffolding erection deficiencies, power tool guarding, and other hazards in connection with multiple projects in the St. Louis area.

When the companies failed to comply with the court's order enforcing OSHRC's final order, the secretary of labor filed petitions for contempt. As a result, a special master of the Court of Appeals concluded that Brian Andre, AS&MW, and Regina Shaw were in contempt of the order, and recommended various sanctions. The Eighth Circuit substantially accepted the master's recommendations, found all three parties in contempt, and imposed sanctions, including: Brian Andre, AS&MW, and Regina Shaw must pay outstanding monetary penalties, which continue to accrue interest, and other miscellaneous fees, in the current amount of $258,582.08; AS&MW and Regina Shaw must pay a $100 daily penalty, calculated from the time of default, in early 2008, on the OSHRC final order; AS&MW must provide OSHA weekly notification of all current jobs, and known future jobs, at least 72 hours prior to commencement of work for a period of three years; and AS&MW must provide "competent person" training to all people currently and subsequently designated as jobsite "competent persons," prior to beginning any work, and provide the secretary records of such training.

Download Center

HTML - No Current Item Deck
  • Free Safety Management Software Demo

    IndustrySafe Safety Management Software helps organizations to improve safety by providing a comprehensive toolset of software modules to help businesses identify trouble spots; reduce claims, lost days, OSHA fines; and more.

  • Track Key Safety Performance Indicators

    IndustrySafe’s Dashboard Module allows organizations to easily track safety KPIs and metrics. Gain increased visibility into your business’ operations and safety data.

  • Analyze Incident Data

    Collect relevant incident data, analyze trends, and generate accurate regulatory reports, including OSHA 300, 300A, and 301 logs, through IndustrySafe’s extensive incident reporting and investigation module.

  • Safety Training 101

    When it comes to safety training, no matter the industry, there are always questions regarding requirements and certifications. We’ve put together a guide on key safety training topics, requirements for certifications, and answers to common training questions.

  • Conduct EHS Inspections and Audits

    Record and manage your organization’s inspection data with IndustrySafe’s Inspections module. IndustrySafe’s pre-built forms and checklists may be used as is, or can be customized to better suit the needs of your organization.

  • Industry Safe
comments powered by Disqus

OH&S Digital Edition

  • OHS Magazine Digital Edition - April 2019

    April 2019

    Featuring:

    • ELECTRICAL SAFETY
      Taking the Guesswork Out of De-Energizing Industrial Equipment 
    • VISION PROTECTION
      Four Simple and Effective Ways to Avoid Digital Eye Strain
    • FOOT PROTECTION
      PPE the Automotive Industry Needs to Invest In
    • FIRE SAFETY
      Eliminate 10 Fire Hazards That May Be in Plain Sight
    View This Issue