On August 28, 2012, the Occupational Safety and Health Administration (“OSHA”) cited La Conti Concrete & Masonry Inc. (“La Conti”) for nine violations of the Occupational Safety and Health Act (the “Act”). The aggregate penalties for these violations totaled $74,830, including $53,900 in penalties for two repeat violations. The repeat violations included failing to provide safe access to a scaffold and exposing workers to a fall hazard while working on an unguarded scaffold. OSHA may issue a repeat violation when an employer has been cited for the same or a similar violation within the last five years. OSHA claims that it cited La Conti for similar violations in 2006, 2007 and 2011.
OSHA also cited La Conti for seven other violations of the Act, including failure to implement a written hazard communication program, failure to ensure that a competent person inspected the scaffold, failure to provide chemical hazard training and failure to maintain material safety data sheets. La Conti has fifteen business days from the date of the citations to file a notice of contest.
Companies facing OSHA citations should consult with counsel. Day Pitney LLP has significant experience defending OSHA citations, including citations for repeat and willful violations of the Act.