FL Contractor Faces $84K in Fall Protection Citations After Fatality
Originally Published by: OSHA — September 22, 2023
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A federal workplace safety and health investigation has determined a Hialeah roofing contractor could have prevented a 28-year-old employee's fatal injuries after a 40-foot fall through a commercial roof to a concrete surface below in Miami Gardens in March 2023 by following federal safety standards.
Investigators with the U.S. Department of Labor's Occupational Safety and Health Administration responded to the site and learned that, as five employees of Sealed Tight Roofing Inc. worked to replace the roof, one fell through a section of the existing roof that collapsed as the worker was moving a debris-filled wheelbarrow. The worker was transported to a hospital but later died.
OSHA determined Sealed Tight Roofing Inc., operating as Oceans Roofing & Waterproofing Corp., exposed employees to fall hazards up to 40 feet by not providing fall protection or personal fall arrest systems. The company also failed to install covers or guardrail systems around holes in the roof and did not make certain working surfaces had the strength and integrity to safely support the workers.
"Despite the well-known risks of serious and fatal injuries when working at heights without fall protection, Sealed Tight Roofing failed in their obligation to protect their workers' safety. That failure cost this young worker his life," said OSHA Area Office Director Condell Eastmond in Fort Lauderdale, Florida. "Falls remain the leading cause of death in the construction industry, and we will continue to hold employers accountable when they disregard safety requirements."
Sealed Tight Roofing received citations for one willful violation and two serious violations and faces $84,379 in proposed penalties, an amount set by federal statutes.
Based in Hialeah, the contractor provides residential and commercial roofing services and maintenance.
Companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA, or – as Sealed Tight Roofing has done – contest the findings before the independent Occupational Safety and Health Review Commission.
Visit OSHA's website for information on developing a workplace safety and health program. Employers can also contact the agency for information about OSHA's compliance assistance resources and for free help on complying with OSHA standards.