(Photo: News-Leader File Photo)
OSHA proposes fine in connection with March death at Springfield construction site
Thomas Gounley, TGOUNLEY@NEWS-LEADER.COM 8:14 a.m. CDT September 1, 2016
The Occupational Safety and Health Administration has proposed a $7,000 fine in connection with the late March death of a construction worker in Springfield.
The federal agency wrote in a June citation — which was rated "serious" — that Cleveland-based paint supplier Sherwin-Williams "failed to ensure exposed employees were protected from falls while they unloaded five gallon buckets of paint from an all-terrain fork lift to a fifth floor balcony on a residential."
Josh Halphin, 25, fell approximately 50 feet from an unfinished apartment complex and died as a result of that failure, OSHA said in the June citation, which has not been previously reported.
Sherwin-Williams has contested the agency's findings, sending the matter to the Occupational Safety and Health Review Commission, an independent body that rules on disputes. No date has been set for that review, an OSHA spokeswoman told the News-Leader this week.
The incident took place in the 500 block of East St. Louis Street, where workers were constructing Aspen Springfield, a housing development marketed to college students. The complex opened in August.
Halphin was employed as a painter by RF Barratt Enterprises. Following Halphin's death on March 24, however, the company released a statement saying that Halphin was being directed by an employee of Sherman-Williams at the time of the accident.
The statement said Barratt Enterprises intended for the painters to carry the buckets up an enclosed stairway but that a Sherwin-Williams employee instead told them a forklift would be used to hoist the paint buckets to a balcony.
“Halphin and the other painters were new to the job and they did not have safety training for working at heights,” according to the Barratt Enterprises statement.
Sherwin-Williams declined to comment Wednesday afternoon.
A report compiled by Springfield police in March contained witness reports of the accident.
A witness told police he believed Halphin and other workers may have retrieved too much paint from one side of the pallet, causing the pallet to tilt and break.
Witnesses reported hearing Halphin yell “Don’t tilt it!” followed by a loud noise immediately before he fell. Police said Halphin had at least one foot on the pallet to retrieve more buckets when it flipped.
Police did not see railing or safety equipment on the balcony, according to the report.
Greene County Medical Examiner Tom Van De Berg told police that Halpin suffered major head trauma and possibly suffered a broken neck.
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Construction worker dies after falling from Springfield building
Harrison Keegan, HKEEGAN@NEWS-LEADER.COM 6:31 p.m. CDT March 24, 2016
(Photo: Guillermo Hernandez Martinez/News-Leader)
Police say a construction worker died Thursday afternoon after falling from an apartment building that is being built near Hammons Tower.
Lisa Cox, spokeswoman for the Springfield Police Department, said officers were dispatched to the building at 1028 E. St. Louis St. at about 12:30 p.m. for reports of a worker who had fallen several floors.
Cox said a man was off-loading supplies from a lift onto the fifth floor of the complex when he lost his balance and fell.
The man died as a result of the injuries, Cox said.
Police are not releasing the man's name pending notification of next of kin.
The Occupational Safety and Health Administration is also investigating the incident.
The complex is being built by Austin, Texas-based developer Aspen Heights. It was scheduled to have some residents move in this August, according to a previous News-Leader story.
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Police report reveals details on construction worker's death
Alissa Zhu, DZHU@NEWS-LEADER.COM 1:54 p.m. CDT April 4, 2016
(Photo: Guillermo Hernandez Martinez/New)
Editor's note: This story was originally published on April 1, 2016.
A police report on the death of a construction worker who fell from a fifth-floor balcony contains witness reports of the March 24 accident.
Last week, the U.S. Department of Labor's Occupational Safety and Health Administration opened an investigation into the death of Josh Halphin, 25, who was employed as a painter by RF Barratt Enterprises, LLC.
According to the police report, Halphin and two other employees of Barratt Enterprises were instructed to move several 5-gallon buckets of white paint to the fifth floor by hand.
From the report, it’s not clear why workers instead used a forklift to raise paint buckets stacked on top of a wooden pallet to a balcony.
Police did not see railing or safety equipment on the balcony, according to the report.
A witness told police he believes the workers may have retrieved too much paint from one side of the pallet, causing the pallet to tilt and break.
Witnesses reported hearing Halphin yell “Don’t tilt it!” followed by a loud noise immediately before he fell.
Police said Halphin had at least one foot on the pallet to retrieve more buckets when it flipped.
Halphin fell five stories to the ground, alongside paint buckets and a broken wooden pallet.
Greene County Medical Examiner Tom Van De Berg told police that Halphin suffered major head trauma and possibly suffered a broken neck.
An attorney representing Barratt Enterprises released a statement this week that said while Halphin and the two other workers were employed by Barratt, they were being directed at the time of the accident by an employee of Sherman-Williams, a paint supplier.
The attorney said Barratt Enterprises intended for the painters to carry the buckets up an enclosed stairway but that a Sherwin-Williams employee instead told them a forklift would be used to hoist the paint buckets to a balcony.
“Halphin and the other painters were new to the job and they did not have safety training for working at heights,” according to the Barratt Enterprises statement.
Sherwin-Williams spokesman Mike Conway told the News-Leader his company has no comment at this time while the matter remains under investigation.
OSHA spokeswoman Rhonda Burke said investigators are exploring all avenues. If warranted, she said OSHA could issue fines to either Barratt Enterprises, Sherwin-Williams or both.
“It would be part of the investigation to determine who was responsible for the safety violations that occurred,” said Burke. “If the worker is employed by Barratt, then Barratt is responsible for the safety of their worker.”
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Police report reveals details on construction worker's death
Alissa Zhu, DZHU@NEWS-LEADER.COM 1:54 p.m. CDT April 4, 2016
(Photo: Guillermo Hernandez Martinez/New)
Editor's note: This story was originally published on April 1, 2016.
A police report on the death of a construction worker who fell from a fifth-floor balcony contains witness reports of the March 24 accident.
Last week, the U.S. Department of Labor's Occupational Safety and Health Administration opened an investigation into the death of Josh Halphin, 25, who was employed as a painter by RF Barratt Enterprises, LLC.
According to the police report, Halphin and two other employees of Barratt Enterprises were instructed to move several 5-gallon buckets of white paint to the fifth floor by hand.
From the report, it’s not clear why workers instead used a forklift to raise paint buckets stacked on top of a wooden pallet to a balcony.
Police did not see railing or safety equipment on the balcony, according to the report.
A witness told police he believes the workers may have retrieved too much paint from one side of the pallet, causing the pallet to tilt and break.
Witnesses reported hearing Halphin yell “Don’t tilt it!” followed by a loud noise immediately before he fell.
Police said Halphin had at least one foot on the pallet to retrieve more buckets when it flipped.
Halphin fell five stories to the ground, alongside paint buckets and a broken wooden pallet.
Greene County Medical Examiner Tom Van De Berg told police that Halphin suffered major head trauma and possibly suffered a broken neck.
An attorney representing Barratt Enterprises released a statement this week that said while Halphin and the two other workers were employed by Barratt, they were being directed at the time of the accident by an employee of Sherman-Williams, a paint supplier.
The attorney said Barratt Enterprises intended for the painters to carry the buckets up an enclosed stairway but that a Sherwin-Williams employee instead told them a forklift would be used to hoist the paint buckets to a balcony.
“Halphin and the other painters were new to the job and they did not have safety training for working at heights,” according to the Barratt Enterprises statement.
Sherwin-Williams spokesman Mike Conway told the News-Leader his company has no comment at this time while the matter remains under investigation.
OSHA spokeswoman Rhonda Burke said investigators are exploring all avenues. If warranted, she said OSHA could issue fines to either Barratt Enterprises, Sherwin-Williams or both.
“It would be part of the investigation to determine who was responsible for the safety violations that occurred,” said Burke. “If the worker is employed by Barratt, then Barratt is responsible for the safety of their worker.”
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Construction worker's death 'could have been prevented,' OSHA says
Alissa Zhu, DZHU@NEWS-LEADER.COM 11:49 a.m. CDT March 25, 2016
(Photo: Guillermo Hernandez Martinez/News-Leader)
The federal agency in charge of regulating workplace safety is investigating the death of a construction worker in Springfield. The 25-year-old employee of RF Barratt Enterprises LLC fell from a fifth floor balcony yesterday while unloading paint from a forklift. He was working on an apartment building that is being built near Hammons Tower.
“Falls remain the leading cause of death in the construction industry,” said Brian Drake, an assistant regional manager for the Department of Occupational Safety and Health Administration, in a press release.
Drake said hundreds of workers die from job-related falls in the U.S. each year and this incident could have been prevented.
OSHA standards require that an effective form of fall protection be used when workers perform construction activities six feet or more above the next lower level.
“Many workers die on the job when just a few simple steps could have saved their life,” said Drake.
According to the federal agency’s website, if an inspector finds violations of OSHA standards, it may issue fines. Penalties may range up to $7,000 for each infraction and up to $70,000 for each willful or repeated violation.
Spokeswoman Rhonda Burke with OSHA told the News-Leader Friday that one of the first things to happen during an investigation is that an officer does a walk through of the work site. She said the officer reviews injury records, inspects the workplace and interviews workers. The walk through will probably last one or two days, said Burke.
"The OSHA standpoint is that all workplace injuries and fatalities are preventable by using commonsense safety measures," said Burke.
The agency has up to six months to complete its investigation, but it usually doesn't take that long, said Burke.
Police are not releasing the man’s name pending notification of next of kin.