OSHA Citations Regarding Lack of Fall Protections, Heat Exposure Are Upheld

OSHA Citations Regarding Lack of Fall Protections, Heat Exposure Are Upheld


Posted November 10, 2014 by admin

The Sixth Circuit U.S. Court of Appeals and the Occupational Safety and Health Review Commission (OSHRC) have recently upheld two serious OSHA citations issued to employers who allegedly failed to provide adequate on-the-job protections to their employees.

As two serious OSHA citations against a roofing company and USPS are upheld, the message to employers is clear – be in compliance or you will be cited.
As two serious OSHA citations against a roofing company and USPS are upheld, the message to employers is clear – be in compliance or you will be cited.

These OSHA citations included: 

  • One issued in September 2011 to Ohio-based Absolute Roofing & Construction, Inc. – With this OSHA citation, OSHA officials had reportedly witnessed a contractor for the roofing company working on a steep roof without any fall protections whatsoever (which is a serious violation of OSHA regulations).

    Although the employer tried to appeal this citation by claiming that the “employee” was a contractor, the appeals court upheld the OSHA citation.

  • Another issued in 2012 to the U.S. Postal Service – This citation was issued after a USPS worker died as a result of excessive heat exposure.

    Although USPS attempted to appeal this OSHA citation, OSHRC denied the appeal, ruling that OSHA had gotten it right when citing USPS for failing to protect its employees who work outside during the hot summer months from excessive and dangerous heat exposure. As a result, USPS will still be required to pay the $70,000 fine associated with its OSHA citation.

With an appellate court and the OSHRC upholding OSHA’s citations, the message to employers throughout the U.S. is clearly the following:

  • Make sure that you have sufficient protections in place for your workers.
  • Train your workers on the essential safety protocols that are in place.
  • OSHA will be watching and will penalize you if you don’t live up to these standards and/or such failures of compliance lead to your workers being hurt or sustaining fatal on-the-job injuries.

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