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

  • The Ultimate Guide to OSHA Recordkeeping

    When it comes to OSHA recordkeeping, there are always questions regarding the requirements and in and outs. This guide is here to help!

  • Lone Worker Safety Guide

    As organizations digitalize and remote operations become more commonplace, the number of lone workers is on the rise. These employees are at increased risk for unaddressed workplace accidents or emergencies. This guide was created to help employers better understand common lone worker risks and solutions for lone worker risk mitigation and incident prevention.

  • Online Safety Training Buyer's Guide

    Thinking of getting an online safety training solution at work but not sure how to evaluate different solutions and find the one that's best for your company? Use this handy buyer's guide to learn the basics of selecting online safety training and how to use it at your workplace.

  • SDS Software Buyer's Guide

    Whether this is your first time shopping for online SDS software or you’re upgrading from a legacy solution, this guide is designed for you to use in your search for the safety management solution that works best for you and your company.

  • Risk Matrix Guide

    Risk matrices come in many different shapes and sizes. Understanding the components of a risk matrix will allow you and your organization to manage risk effectively.

  • Vector Solutions

OH&S Digital Edition

  • OHS Magazine Digital Edition - November December 2021

    November December 2021

    Featuring:

    • GAS DETECTION
      How to Streamline Gas Detector Maintenance
    • OSHA TOP 10
      OSHA's Top 10 Most Frequently Cited Standards for FY 2021
    • PROTECTIVE APPAREL
      How PPE Can Help You Deal with the Harsh Condition of Winter
    • HEARING PROTECTION
      Tackling Hearing Protection in the Workplace
    View This Issue