OMAHA, Neb. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Miranda Roofing in Omaha for alleged violations of the Occupational Safety and Health (OSH) Act and has proposed $148,400 in penalties against the company.

OSHA cited the roofing company following an inspection that found employees exposed to fall hazards without fall protection. The inspection found two alleged willful, one alleged serious and one alleged repeat violation of the OSH Act.

"There is no excuse for the lack of fall protection, and it's outrageous to think that employers still allow employees to be exposed to fall hazards without ensuring fall protection is in use," said Charles Adkins, OSHA's regional administrator in Kansas City, Mo. "It is imperative that employers take the necessary steps to eliminate hazards and provide a safe working environment for all of their employees to prevent accidents from occurring."

The alleged willful violations stem from the company's failure to instruct workers in recognizing, avoiding and eliminating unsafe conditions when they are exposed to falling to the next lower level and the lack of fall protection when workers are exposed to fall hazards. OSHA issues a willful violation when an employer exhibits plain indifference to or intentional disregard for employee safety and health.

The alleged serious violation stems from the lack of instruction in the proper uses, placement and care of portable ladders. OSHA issues a serious citation when death or serious physical harm is likely to result from a hazard that an employer knew or should have known about.

The alleged repeat violation stems from improper placement of the portable ladder. OSHA issues a repeat citation when the employer has been issued a violation for a substantially similar hazard in the previous three years that has become a final order.

Miranda Roofing has 15 business days from receipt of these citations to comply, request an informal conference with OSHA's area director in Omaha or contest the findings before the independent Occupational Safety and Health Review Commission.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

BRAINTREE, Mass. - The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Brady Enterprises Inc. of Weymouth, Mass., for alleged willful, repeat and serious violations of safety and health standards at its 45 Finnell Drive plant. The food products packager faces $66,500 in proposed fines, following a Nov. 14 accident in which an employee was caught in a labeling machine while cleaning it.

OSHA's inspection found that the machine's moving parts were not guarded against employee contact, and the machine's power source had not been shut down and locked out prior to the cleaning. As a result, OSHA has issued the company one willful citation, with a proposed fine of $56,000, for not guarding the machine against employee contact and one repeat citation, with a $3,000 fine, for not shutting down and locking out the machine.

"This is the second accident in three years at this plant involving machinery that wasn't properly guarded or locked out," said Brenda Gordon, OSHA's area director for Boston and southeastern Massachusetts. "This employer must take prompt, effective and ongoing action to correct these hazards and prevent future injuries."

OSHA also has issued the company four serious citations, with $7,500 in proposed fines, for lack of lockout/tagout training and hardware, no annual inspection of the plant's hazardous energy control procedures and use of an unapproved forklift in an area where flammable cocoa dust was present. OSHA issues serious citations when death or serious physical harm is likely to result from hazards about which the employer knew or should have known.

OSHA defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health. The repeat citation stemmed from a similar lockout/tagout hazard cited in October 2006 after an employee lost parts of two fingers in an accident from a month earlier.

Detailed information on hazardous energy control (lockout/tagout) and machine guarding, including interactive eTools, is available online at http://www.osha.gov/SLTC/controlhazardousenergy/index.html and http://www.osha.gov/SLTC/machineguarding/index.html.

Brady Enterprises has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's Boston South area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Boston South Area Office in Braintree; telephone 617-565-6924.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their workers. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

DOTHAN, Ala. -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is proposing one willful and four serious safety violations against B&H Contracting Inc. following an inspection at the company's jobsite in Dothan.

The agency is proposing $53,400 in penalties, including a $42,000 penalty for willfully allowing employees to work unprotected in a 12-foot-deep trench being dug for a new concrete sewer line. The agency defines a willful violation as one committed with plain indifference to or intentional disregard for employee safety and health.

Penalties of $11,400 are being proposed against the Florala, Ala., company for serious violations that include allowing employees to work in the trench without a safe means of access and egress, allowing spoil piles and equipment within two feet of the trench face, not removing employees from the trench where there was evidence that a hazard existed and allowing employees to work in a trench while a concrete pipe was hoisted over their heads by an excavator. A serious violation is issued 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.

"OSHA is putting a special emphasis on reducing the number of trenching and excavation injuries through increased inspections of construction sites," said Kurt Petermeyer, OSHA's area director in Mobile, Ala. "In this situation, rather than incorporating safety into the company's normal routine, the onsite supervisor chose to ignore OSHA standards and endanger his employees' lives just to save a little time."

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Mobile or contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's Mobile Office, 1141 Montlimar Drive, Suite 1006, Mobile, AL 36609; telephone 251-441-6131.

OSHA's mission is to assure the safety and health of America's working men and women by preventing injuries, illnesses and fatalities. OSHA operates a vigorous enforcement program, conducting almost 39,000 inspections and finding nearly 88,000 violations of its standards and regulations in fiscal year 2008.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing a safe and healthful workplace for their workers. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.

TORONTO, April 28 /CNW/ - Brook Restoration Ltd., a Toronto construction company, was fined $150,000 on April 22, 2009, completing a case that saw another company and two individuals also convicted for violations of the
Occupational Health and Safety Act (OHSA), after a young worker was killed on the job.

On January 17, 2007, a young worker employed by Ontario Roofing & General Contracting Services Ltd., fell over 42 metres (140 feet) from a roof canopy at 5900 Yonge Street in Toronto, sustaining fatal injuries. Ontario Roofing & General Contracting Services was subcontracted by Brook Restoration Ltd. to perform work on this project.

A Ministry of Labour investigation found that the worker for Ontario Roofing & General Contracting Services Ltd. fell while clearing snow and ice from roof canopies that were being restored. The investigation concluded that
the worker, although wearing a full body harness, was not connected to any anchor or fixed support at the time of the incident.

Brook Restoration Ltd. pleaded guilty to failing, as a constructor, to ensure that every employer and every worker on the project at 5900 Yonge Street complied with the fall protection measures set out in Ontario Regulation 213/91. This was an offence under the section of the OHSA that sets out the duties of constructors. In this case, the conviction was for failing to ensure that Ontario Roofing & General Contracting Services Ltd. ensured that every worker was adequately protected by a method of fall protection. In earlier proceedings, Ontario Roofing & General Contracting Services, supervisors Luis Gomes and Carlos Laranjeira pleaded guilty and were fined $115,000, $20,000 and $12,000 respectively for violating the fall protection requirement.

Ontario Roofing & General Contracting Services Ltd. pleaded guilty on October 3, 2008, to failing, as an employer, to ensure that a worker was adequately protected by a method of fall protection. This was contrary to the duties of employers as set out in the OHSA.

Also on October 3, 2008, Luis Gomes pleaded guilty to failing, as a supervisor, to ensure that a worker was adequately protected by a method of fall protection, contrary to the duties of supervisors as set out in the OHSA.
Another supervisor, Carlos Laranjeira pleaded guilty to the same charge on October 28, 2008.

The fines were imposed by Justice R. Bigelow. In addition to the fines, the court also imposed a 25-per-cent victim fine surcharge as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

HAMILTON, ON, May 8 /CNW/ - Brewers Retail Inc., carrying on business as The Beer Store, was fined $50,000 on May 4, 2009, for a violation under the Occupational Health and Safety Act (OHSA), after a workplace incident.

On April 26, 2007, at the company's product distribution centre in Stoney Creek, a worker was using a forklift to remove a pallet containing cases of beer from a storage rack. The pallet knocked part of the rack and the rack
became unstable. The worker attempted to restore support to the storage rack, but was unable to do so. Several cases of beer fell and landed on the forklift. The worker was able to jump from the forklift and was unharmed.
The Beer Store pleaded guilty under the OHSA to failing, as an employer, to ensure that materials removed from a storage rack were removed in a way that would not endanger the safety of a worker.

The fine was imposed by Justice Timothy Culver. In addition to the fine, the court also imposed a 25-per-cent victim fine surcharge on the total, as required by the Provincial Offences Act. The surcharge is credited to a special provincial government fund to assist victims of crime.