OSHA fines contractors for safety violations following worker death

ConDig (08-Mar-23).  The Occupational Safety and Health Administration (OSHA) has fined two contractors after a 51-year-old painting contractor died on a residential apartment complex project in Cleveland.

The agency issued a citation to Geis Construction for one willful violation and one serious violation and proposed $154,696 in penalties. J.C. Jones Corp. received a citation for one willful and one serious violation with proposed penalties of $31,252.

The case surrounds the death of a painting contractor after he stepped onto a third-floor balcony, which tilted suddenly, causing him to fall 21 feet onto the concrete below. As he lay injured, the balcony slid off its wall mount and landed on top of the painter. He died from his injuries.

Investigators determined the balcony was unsecured, and discovered neither the 93rd Street worksite’s general contractor, Geis Construction of Streetsboro nor J.C. Jones Corp. of Peninsula – the subcontractor hired to install the balcony – had placed a required warning sign to alert workers the imminent danger and did not assess if the balcony’s structural integrity and strength could support employees safely.

“Hazard warning signs must be displayed and balconies, exits and high-level platforms must be blocked when practical during construction to prevent anyone from using them and falling from heights or into active construction zones,” said OSHA area director Howard Eberts. “When multiple employers have workers onsite, the general contractor is responsible for making sure that all companies on the project work safely and follow federal and industry-recognized standards to protect employees.”

Both companies have 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Last month, OSHA fined a Massachusetts-based roofing contractor $137,196 for exposing workers to dangerous fall hazards.

Earlier in February, OSHA fined a Sioux Falls, South Dakota-based contractor $85,005 for two safety violations. The agency said that Siteworks Inc had failed to take required steps to protect employees working near electrical powerlines from dangerous electric shock on one project last August.

In November, OSHA fined two demolition contracts a total of $691,000 following a mezzanine collapse at former South Boston power plant.

Also in November, OSHA fined a developer and two subcontractors for exposing employees to potentially lethal dangers by allowing them to work near energized power lines on a New Jersey project.

Earlier in October, OSHA fined a Missouri-based contractor $58,008 following a deadly trench collapse.