From $1,754,826 to $730,000

Risk & Resolution Newsletter

Distributed by YDE Safety

Lessons Learned through Tragedy: A Public Commitment to Safer Workplaces

Issue: January 2024

Enhancing Safety Through Shared Experience

At YDE Safety we believe that sharing knowledge is a powerful tool for change. Considering recent severe incidents at workplaces, including those that have tragically resulted in loss of life, we are taking an important step to educate and inspire a commitment to safety that transcends our organization.

1.?????? Introduction

This Lessons Learned Newsletter shares a summary of some of the details surrounding the $730,000 settlement agreement reached between OSHA and an Ohio-based Roofing Contractor.

NOTE 1: The information shared in this newsletter has been taken directly from OSHA’s 32-page documentation of this incident. You will find information exactly how it appears in OSHA’s documentation in quotations throughout this newsletter.

NOTE 2: Our goal is not blasting companies or people. Throughout names that are removed and replaced with another word will be in italic. We will use titles or general terms Owner, Supervisor, Project Manager, Employee, and Company.

2.?????? Incident Description

“On March 29, 2022, OSHA followed up on a complaint that alleged the Company were not providing fall protection equipment for workers.? The workers were replacing the roof of a two-story office building at the time of this inspection. OSHA found several potential violations and cited the Company for the 12th since 2009.

OSHA Area Director Blake McEnany in Charleston, West Virginia, had this to say, “This employer's history of defying federal safety standards and continuously jeopardizing workers' safety is simply unacceptable.”

The Company was placed on OSHA’s severe violators list.

?NOTE: “OSHA’s Severe Violator Enforcement Program (SVEP) is a program for employers and companies that exhibit what OSHA calls an “indifference to their OSH Act obligations.? Employers can be placed in the SVEP based on three criteria: fatality/catastrophe, non-fatality/catastrophe and egregious.”

3.?????? Analysis of Incidents

The analysis of this incident is straightforward since this inspection wasn’t fatality driven. Below is a look at 4 key violations the Company was cited for and the OSHA’s inspector’s notes on them:

The company was cited for a total of 13 violations during this inspection for failing to ensure the use of fall protection and safety glasses, allowing unsafe use of portable ladders, and failing to provide training to employees on fall hazards.

The Company settled for $730, 000. However, the initial list of citations carried a proposed penalty of $1,090,231.

Though the price tag of $1,090,231 may seem over the top for some, a deeper look at the numbers shows OSHA gave the Company a break before the settlement. In 2022, the max penalty for repeat violations was $145,027 per violations.

Notice that all the repeat violations in the red box above are well below the max amount.? If OSHA had applied the max penalty to each listed violation, the Company would have been cited $1,754,826!

1.?????? Lessons Learned

We don’t dig deep to figure out what are the lessons all companies learn for this Company’s experience. The lessons learned from this inspection come directly from the terms of this settlement.? “As part of the settlement agreement, the Company must also employ enhanced abatement measures that include the following:

1. Hire a safety consultant to evaluate the company's safety program and then submit the plan to OSHA.
2. Make all the improvements recommended in the report.
3. Accept unannounced monthly audits conducted by the safety consultant at the company's work sites and written reports submitted to the employer which the employer must retain.
4. Inform OSHA of all its current and future work sites and allow entry for investigators.
5. Not oppose the entry of a Section 11(b) order of enforcement.”

This company will now have a written safety program. If you don’t have one, develop one that is specific to the work completed by your company and the hazards associated with that work. If you do have one, review/revise it, at least, annually to ensure it still applies to your current course of business and the hazards associated with that work. This company

This company will now provide fall protection equipment, eye protection, and safety training as required by OSHA’s regulations. You shouldn’t wait for a fatality or OSHA to show up to provide PPE or training.

This company will now conduct monthly inspections of their projects. You should too.

6.?????? Be Proactive: Take Action!

I could extend this call to action, but if you're a business owner, senior manager, or a leader, you understand the vital significance of integrating workplace safety. Instead of urging action, let me gently remind you that our daily actions define us. Our true character is revealed not only in public but also in the decisions we make when no one is watching.

These principles are equally applicable to workplace safety. Don't let a tragic or expensive incident be the only reflection of your company's identity. Proactively embrace a culture of safety, demonstrating your commitment to the well-being of your team and the resilience of your organization.

7.?????? Conclusion

This Lessons Learned Newsletter provides an overview of the $730,000 settlement agreement between OSHA and an Ohio-based Roofing Contractor, highlighting key details. While the potential citations amounted to $1,754,826, the collaborative agreement between OSHA and the company resulted in significant savings of over $1,000,000. Unfortunately, it is not uncommon for companies to enter into such agreements and later neglect their commitments.

Regrettably, fatalities within organizations often bring them back into the public eye. Let us hope that this particular company, now cited for the 12th time, has genuinely learned from its past and is sincerely dedicated to safeguarding the well-being of its workers.

Remember, safety is not just a regulation; it's a responsibility to protect lives!