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Secretary of Labor Thomas E. Perez
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News Release

OSHA News Release: [03/18/2014]
Contact Name: Michael D'Aquino or Lindsay Williams
Phone Number: (404) 562-2076 or x2078
Email:
d'aquino.michael@dol.gov or williams.lindsay.l@dol.gov
Release Number: 14-0299-ATL

Following worker fatality, Georgia-based Smiley Plaster Co. cited by
US Department of Labor's OSHA for exposing workers to fall hazards

SWAINSBORO, Ga. — A 42-year-old worker fell approximately 19 feet off scaffolding to his death while applying stucco to a pre-existing building that was being renovated as a college dormitory for East Georgia State College in Swainsboro. The U.S. Department of Labor's Occupational Safety and Health Administration conducted an investigation following the Sept. 20, 2013, fatality and cited Jack Smiley, doing business as Smiley Plaster Co., for five safety violations, including a willful violation of the law.

"A worker died after the employer knowingly failed to provide a properly built scaffold system to protect employees from fall hazards," said Robert Vazzi, OSHA's area director in Savannah. "Falls are the leading cause of fatalities in the construction industry. Employers must ensure their workers are protected."

OSHA issued a willful citation to the employer for its failure to provide fall protection to employees who work from scaffolding at heights over 10 feet . A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Due to the willful violation, the company has been put into OSHA's Severe Violator Enforcement Program, which focuses resources on inspecting employers that have demonstrated indifference to their legal obligations by committing willful, repeat or failure-to-abate violations.

Three serious violations were cited for the employer failing to provide adequate scaffolding foundation; failing to brace the scaffolding; and failing to provide debris protection, such as toe boards, for employees working on scaffolding. A serious violation occurs 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.

The company was also cited with one other-than-serious violation for failing to report the fatality within eight hours of the incident. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

In 2012, there were 269 fall-related fatalities out of the 775 construction-related fatalities. OSHA's fall prevention campaign provides employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs. The campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

OSHA has proposed $57,000 in penalties. Smiley Plaster Co., a stucco and masonry construction company in Twin City, has 15 business days from receipt of the citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety & Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Savannah Area Office at 912-652-4393.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.