Safe Workplace and Safety News
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Tuesday, April 08, 2008
Must Workers Ask for Protection?
Safety Business Legal Reports (Safety.BLR.com) reported on the result of a March 2004 incident in which an OSHA inspector observed, video taped and interviewed construction workers installing a new roof without fall protection. OSHA originally issued three citations. A hearing with an administrative law judge resulted in two citations being dropped. The remaining citation had a fine of $56,000. This fine appealed to the 3rd Circuit.
The construction foremen presented several arguments attempting to show that the employees were at fault, not the construction company. The judge's decision, as reported in this article was:
"The foremen argued in court that there had been one or two harnesses, not the property of that crew, on the site, but that the workers had neither asked to use them nor hunted for them. Said judges, in effect, "It's the employer's duty to provide the equipment, not the employees' duty to look for it." So judges affirmed the OSHRC fine."
You can read the entire article at: Safety.BLR.com
The construction foremen presented several arguments attempting to show that the employees were at fault, not the construction company. The judge's decision, as reported in this article was:
"The foremen argued in court that there had been one or two harnesses, not the property of that crew, on the site, but that the workers had neither asked to use them nor hunted for them. Said judges, in effect, "It's the employer's duty to provide the equipment, not the employees' duty to look for it." So judges affirmed the OSHRC fine."
You can read the entire article at: Safety.BLR.com
Labels: Construction Safety, OSHA Citations, OSHA Fines
posted by Steve Hudgik |
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