The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued citations and proposed penalties to MFC Construction Co. Inc. of Dallas following its investigation of a fatal accident earlier this year in which a carpenter was killed.
MFC Construction Co. Inc was issued citations for two alleged willful and five alleged serious violations of the Occupational Safety and Health Act. OSHA’s investigation began March 5 in response to the fatality.
OSHA reportedly found the employer did not follow the engineered shoring plan it obtained prior to the start of the project, and concrete formwork was inadequately braced and did not support the weight of the poured concrete. Alleged willful violations involved failure to erect, support and maintain formwork capable of supporting all possible vertical and lateral loads, and permitting employees to work at elevations without fall protection. A willful violation is defined as an intentional disregard of or plain indifference to the requirements of the OSHA law and regulations.
The serious citations were issued for reportedly failing to provide high visibility attire to protect workers engaged in directing traffic; failing to have a back-up alarm while operating earthmoving machinery; failing to maintain a copy of the shoring plan for the elevated concrete slab at the job site; failing to provide sound bases for the elevated patio formwork; and failing to appropriately position job-made ladders that also had uneven rungs and lacked a three-feet extension above the upper landing surface.
A serious citation 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.
MFC has 15 working days from receipt of the citations to comply, request an informal conference with the Dallas area office, or to contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
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