June 12, 2018
U.S. Department of Labor Finds Wisconsin Contractor Continues
To Expose Roofers to Falls and Other Safety Hazards
APPLETON, WI ‒ The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Appleton roofing contractor Hector Hernandez again after OSHA inspectors observed employees exposed to falls and other safety hazards at two Wisconsin job sites. OSHA proposed penalties of $120,320.
Hernandez, who operates Town City Construction, was cited for one repeated and two willful violations for failing to provide fall protection, train workers on fall hazards, properly install an extension ladder for safe egress, and provide required ladder jack scaffold components.
“Employers are required to provide fall protection to employees working in construction at heights above 6 feet,” said Robert Bonack, OSHA Appleton Area Office Director. “This employer’s repeated failure to comply with federal safety requirements exposes employees to fatal injuries from fall hazards.”
Hernandez has 15 business days from receipt of his 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.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.
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Wisconsin roofer accused of ignoring six different OSHA citations
Federal OSHA inspectors in Wisconsin recently conducted an inspection of a residential roofing site on the 1100 block of East Tyler Avenue, in Eau Claire, WI. The contractor performing the work, Town City Construction, which is based in Appleton, WI and owned by Hector Hernandez, is a serial OSHA offender. They’ve been cited by OSHA for fall protection hazards five prior times.
This inspection was not much different than previous inspections, except for the fact that after the employees donned the required harnesses to satisfy the inspector, the inspector returned an hour later to find employees in violation yet again.
OSHA inspectors saw five Town City employees on a home in the 1100 block of East Tyler Avenue facing down the roof’s slope while tearing off the existing asphalt shingles with tools at the roof’s eave. They also found a sixth employee standing along the rake edge at the peak of the roof, while preparing to install underlayment materials and ice and water guards, across the peak of the roof. Workers were at risk of falls up to 14 feet.The agency cited the company with one willful violation and an additional $70,000 in proposed federal fines on June 13.
But it’s likely that the company will deal with this OSHA citation the same way it’s dealt with the previous five…by ignoring it. The company has ignored five previous OSHA citations and fines issued from 2010 through 2015, including a willful violation cited last year.
“Town City continues to callously put its employees at risk for serious injuries or death because the company refuses to use fall protection,” said Mark Hysell, OSHA’s area director in Eau Claire. “Preventable falls account for nearly 40 percent of all deaths in the construction industry. I fear that only serious injury or death of an employee will convince this contractor to use required safety equipment. OSHA is committed to protecting workers from that fate.”
The agency has cited Town City for fall violations six times at Wisconsin work sites. Inspectors issued a willful violation in 2015 in Wisconsin Rapids, a second repeated violation in 2013 in Appleton, a repeated violation in 2012 in Sherwood and serious violations in Appleton in 2012 and Greenwood in 2010.