제  목 : OSHA PROPOSES NEARLY $36,000 IN PENALTIES AGAINST
  일  자 : 1998년 10월
  제공처 : Internet

       OSHA PROPOSES NEARLY $36,000 IN PENALTIES AGAINST
       PEMBROKE, NEW HAMPSHIRE, CONTRACTOR FOR ALLEGED
       WILLFUL AND SERIOUS SAFETY VIOLATIONS INCLUDING
       LACK OF CAVE-IN PROTECTION AT NORTHWOOD, N.H.,
       EXCAVATION WORKSITE
       ===================================================

    The Occupational Safety and Health Administration (OSHA) of the U.S. Labor
   Department has cited F.L. Merrill Construction, Inc., a contractor based
   in Pembroke, New Hampshire for alleged Willful and Serious violations of
   the Occupational Safety and Health Act at a Northwood, N.H., worksite and
   has proposed penalties totaling $35,900.

   According to David May, OSHA area director for New Hampshire, the alleged
   violations were discovered during a spot inspection conducted August 26,
   1998, at a sewer installation site located at the intersection of Rochester
   Road and Pine View Drive in Northwood and concern cave-in hazards and lack
   of protective headgear for workers.

   "OSHA inspectors observed two employees working in an excavation that was
   not adequately protected against a collapse of its sidewalls by means of
   shoring, sloping the soil at a shallow angle or the use of a protective
   device such as a trench box," said May. "It is essential that effective
   collapse protection be in place and in use before workers enter a trench
   since its walls can collapse suddenly and with great force, stunning and
   burying workers beneath tons of earth before they have time to react or
   escape."

    May noted that the size of the proposed fine stems from the categorization
    of the collapse protection citation as willful, the most severe category
    of OSHA citation. OSHA issues willful citations only when it believes
    based on the information gathered in its inspection that the employer knew
    what safeguards were required to protect workers but apparently elected
    not to provide them.

    "This employer is no stranger to the OSHA standard requiring collapse
    protection in excavations, having been cited for violating that particular
    standard several times over the past five years at various worksites
    in Concord and Tilton," said May. He specifically noted six prior
    inspections of company worksites which had resulted in similar citations
    of varying severity, including: four sites in Concord in 1992, 1993,
    1994 and 1998 resulting in alleged serious, willful, repeat and serious
    violations, respectively; and two sites in Tilton in 1997, both resulting
    in citations for alleged repeat violations.

   "Consequently, in this case," said May, "OSHA has no choice but to issue
   its strongest sanction. It is unfortunate that this employer seems to be
   having some difficulty getting and understanding the message that they are
   legally responsible for providing their employees with a safe work
   environment."

   May explained that excavation safety is the subject of an OSHA national
   emphasis program. Under that program, OSHA inspectors who encounter an
   excavation in their work travels will stop and take a look. If no violations
   are observed, the inspector will continue on. If, however, hazards are
   apparent, the inspector will open an inspection on the spot and, where
   violations are established, appropriate citations and penalties will result.

     Specifically, the citations and proposed penalties encompass:
     One alleged Willful violation, with a proposed penalty of $35,000 for
     two employees working in an excavation that was not adequately protected
     against collapse by shoring, sloping or an equivalent means of protection;

    One alleged Serious violation, with a $900 penalty proposed, for a worker
    in the excavation who was exposed to possible head injuries was not
    protected by a hardhat.

    May urged Granite State employers and employees with questions regarding
    workplace safety and health standards to contact the OSHA area office in
    Concord at 603-225-1629 and added that OSHA's toll-free, nationwide
    hotline --1-800-321-OSHA (1-800-321-6742)-- may be used to report workplace
    accidents or fatalities or situations posing imminent danger to workers,
    especially if they occur outside of normal business hours.

      A willful violation is defined by OSHA as one committed with an inten-
      tional disregard of, or plain indifference to, the requirements of the
      Occupational Safety and Health Act and regulations.

    A serious violation is defined as one in which there is a substantial
    Arobability that death or serious physical harm could result, and the
    employer knew, or should have known, of the hazard.

   OSHA is empowered by the Occupational Safety and Health Act of 1970 to
   issue standards and rules requiring employers to provide their employees
   with safe and healthful workplaces and jobsites, and to assure through
   workplace inspections that those standards are followed.

   The company has 15 working days from receipt of the citations and proposed
   penalties to either elect to comply with them, to request and participate
   in an informal conference with the OSHA area director, or to contest them
   before the independent Occupational Safety and Health Review Commission.