West Virginia Contractor Facing OSHA Penalties for Failure to Provide Fall Protection for Work Done Above 25 Feet

K&F Construction Inc. faces $109,405 in proposed OSHA penalties after being cited with three willful fall protection violations and one serious violation during roofing operations

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OSHA cited K&F Construction Inc., Martinsburg, W.Va., for three alleged willful violations for not providing fall protection for an employee exposed to a fall of up to 25 feet while working from a platform insecurely placed on the forks of a forklift, and for two employees exposed to a 30-foot fall while installing felt paper on the roof. Additionally, K&F did not ensure workers wore eye protection while using a pneumatic nail gun to lay the felt paper. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement, or with plain indifference to worker safety and health. The contractors is facing $109,450 in proposed penalties.

One alleged serious violation was due to the company's inappropriate use of a forklift to support a scaffold platform that employees used while working on a wall structure. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"In 2006, OSHA cited K&F Construction for the same violations found in this most recent inspection. This company is well aware of the necessary safeguards needed to prevent fall-related and other injuries or deaths," said Prentice Cline, director of OSHA's Charleston Area Office. "With falls the leading cause of death in the construction industry, it is critical that this employer immediately address the cited violations to ensure a safe and healthful workplace." 

The company has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

View the citation: http://www.osha.gov/ooc/citations/KF994627_0302_15.pdf