Judge Upholds OSHA Citation in Fall Hazard Case

After reviewing an appeal from an Ohio-based painting company, a judge has upheld the citations OSHA filed against the company.

A judge has ruled on a dispute between OSHA and a company related to a safety violation two years ago that led to the death of a worker.

M & J Painting was cited with six serious violations, but contested one that carried a $19,250 fine. The Ohio-based company cleaned and painted a bridge in Fall River, Mass. in 2010. OSHA officials inspected the work the company was doing on the bridge and doled out six citations to the company.

The violation that was contested by the company involved a lack of horizontal lines used by workers. This insufficiency could have resulted in serious fall hazards, and even injuries or fatalities.

When OSHA officials returned the next year for a follow-up inspection, employees barred them from the site.

After returning with a warrant, an OSHA investigation resulted in a failure-to-abate violation, because M & J Painting did not correct the safety issues OSHA originally found.

The company then contested this violation. However, after a three-day trial, an administrative law judge upheld the citation and the company is still responsible for the full amount of the fine.

"Employers cannot disregard standards meant to protect the safety of their employees without facing consequences," said Christine Eskilson, Counsel for OSHA with the department's Regional Office of the Solicitor in Boston, in a statement on the agency’s website. "This decision not only affirms OSHA's findings, it also shows that the Department of Labor will not hesitate to pursue appropriate legal action on behalf of America's workers."

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.

  • Complete Online Safety Training Courses

    Deliver state-of-the art, online safety training courses to your organization with IndustrySafe Training Management Software. Generate reports to track training compliance and automatically notify learners of upcoming or overdue classes.

  • Easy to Use Safety Inspection App

    Conduct inspections on the go with IndustrySafe’s mobile app. Complete safety audits at job sites and remote locations—with or without web access.

  • 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 and Maintain OSHA Compliance

    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.

  • Industry Safe
comments powered by Disqus