On November 10, the Occupational Safety and Health Administration (OSHA) penalized two contractors nearly $700,000 after an OSHA inspection. In summary, the inspection occurred after an employee of a demolition contractor lost his legs when a concrete platform collapsed. Additionally, two other workers suffered injuries when the collapse happened during demolition and asbestos hazard abatement work. Previously, in April 2022, OSHA released its Top Ten OSHA Violations list for Fiscal Year 2021. OSHA annually compiles the list following inspections of worksites across all industries. This list highlights the top ten most frequently cited OSHA standards over the fiscal year.
Summary of the OSHA Inspection
Explicitly, OSHA determined that the company running the project and its general contractor failed to ensure adequate demolition and asbestos safeguards for their employees. Specifically, OSHA cited the leading company for three willful violations, four serious violations, and one other-than-serious violation. As a result of the OSHA inspection, the agency proposed $399,864 in penalties due to the company failing to:
- Conduct an engineering survey to determine the condition of the mezzanine and framing, and floors and walls during demolition operations to avoid the possibility of unplanned collapse.
- Ensure a designated competent person performed or supervised required duties in the asbestos containment area. Such duties include regular and frequent job site inspections, protecting the enclosure’s integrity, and setting up and maintaining control of entering personnel.
- Conspicuously post the safe weight load limit on the floor that eventually collapsed.
- Train employees to recognize and avoid collapse, struck-by, and crushing hazards.
- Ensure employees entering and working in regulated asbestos containment areas wore respirators properly.
- Remove asbestos-containing waste by the end of the shift.
- Provide OSHA 300 logs to investigators within four business hours.
OSHA also issued two willful and three serious citations to the general contractor. Consequently, after the OSHA inspection, the agency proposed $292,116 in penalties for the company failing to:
- Inspect the work completed in the asbestos-regulated containment area.
- Ensure employees properly wore respirators inside regulated asbestos containment areas.
- Have a plan in place to prevent an unplanned collapse of the platform.
- Conspicuously post the safe weight load limit on the floor that collapsed.
- Provide frequent and regular inspections inside the asbestos control area.
Employer’s Duty to Prevent Workplace Safety Hazards
The Occupational Safety and Health Act of 1970 (OSH Act), which established OSHA, sets and enforces workplace safety and health standards. In doing so, it assures safe and healthful working conditions for working men and women. Notably, the OSH Act’s “General Duty Clause” requires that all employers:
- shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
- shall comply with occupational safety and health standards promulgated under this Act.
To comply with the OSH Act’s General Duty Clause and to avoid willful OSHA violations and costly litigation, employers should recognize and fix common workplace hazards. Indeed, these common workplace safety hazards include slip, trip, and fall hazards related to obstructed aisleways, spills, or failure to provide proper fall protection.