Fort Worth Framing Contractor Gets Picture; Fined $50,000 for Safety Hazards

February 11, 2005

A Fort Worth-based framing contractor’s alleged failure to protect employees from falls and other hazards at a Dallas construction site has resulted in proposed penalties of $50,000 from the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA).

Nussbaum Builders Inc., Fort Worth, received one willful, four repeat and three serious safety citations following an OSHA inspection conducted as part of a program to prevent fall hazards in the construction industry. The inspection began Aug. 24 at the company’s worksite on Towne Crossing Blvd. in Mesquite where five workers were framing several additions to a restaurant.

“With a total of 38 violations in less than five years, this employer has a history of repeating safety problems that could lead to injuries on the job,” said Kathryn Delaney, OSHA area director in Dallas.

OSHA cited the company with one alleged willful violation for failing to protect employees from falling when working at elevations greater than 6-feet. A willful violation is defined as an intentional disregard of or plain indifference to the requirements of the OSH Act and regulations.

The alleged serious violations included failing to fully plank scaffolds, not resting scaffold end frames on base plates and not requiring employees to wear eye protection. A serious violation is one in which there is a substantial probability that death or serious physical harm could result, and the employer knew or should have known of the hazard.

Alleged repeat violations included failing to provide employees with scaffold safety training, fall protection training, and protection from falling objects. Repeat citations are issued when an employer has previously been cited for the same, or a substantially similar, violation that has become a final order.

Nussbaum Builders has 15 working days from receipt of the citations to comply, request an informal conference with the Dallas area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

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