ARTICLE
22 January 2020

OSHA Proposes Over $1M In Fines Against Florida Roofing Contractor For Egregious Fall Hazards

SS
Seyfarth Shaw LLP

Contributor

With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work sites.
United States Employment and HR

Seyfarth Synopsis: The Federal Occupational Safety and Health Administration (OSHA) has cited Florida Roofing Experts Inc. – a Jacksonville, Florida, roofing contractor, for failing to protect workers from falls at two work sites, with proposed penalties totaling $1,007,717.00.

OSHA initiated the inspections after receiving complaints of employees performing residential re-roofing activities without fall protection.  "Given the employer's extensive history of violations, pursuant to OSHA's egregious citation policy, the agency issued eight willful citations for failing to protect employees from fall hazards."  OSHA Regional Administrator Kurt Petermeyer explained that "the employer continues to allow employees to work without fall protection, and has made no reasonable effort to eliminate the risk."  "This employer has an extensive OSHA history with willful, serious, and repeat violations that has demonstrated an egregious disregard for the safety of their workers."

In addition to the egregious citations, OSHA has placed the company on the Agency's Severe Violator Enforcement Program list, due to high-gravity willful, egregious violations related to fall hazards.  For instance, OSHA had investigated the company and its predecessor, "19 times within the last seven years, resulting in 42 citations related to improper fall protection, ladder use, and eye protection."

This case illustrates the need for employers to maintain and enforce safety programs, particularly with regard to key safety hazards and frequently cited regulations like fall protection in construction.  Employers should appeal defensible citations to minimize repeat liabilities and the potential for severe reputational harm.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More