The U.S. Department of Labor (DOL) has initiated a lawsuit against a roofing contractor for refusing to pay penalties totaling $360,531. These penalties were imposed due to repeated violations endangering roofing employees, focusing on the leading cause of fatal injuries in the construction industry: falls from elevations.
Contractor Refuses to Pay Penalties Over Repeated Safety Violations
The action, filed in the U.S. District Court for the Northern District of Illinois in Chicago, follows an Occupational Safety and Health Review Commission’s decision that affirmed citations issued by the DOL’s Occupational Safety and Health Administration (OSHA). The citations were a result of an investigation that found the roofing contractor exposed employees to fatal fall hazards at job sites in Illinois and Wisconsin in October 2022.
OSHA’s investigation revealed that the contractor failed to provide employees with required fall arrest systems, safety nets, or guardrails while installing siding and roofing materials on roofs in Illinois, and a job site in Wisconsin.
Despite being fined $226,530 for the Illinois violations and $134,001 for the Wisconsin violations, the roofing contractor contested these penalties. Following the commission’s decision affirming the penalties, the owner and roofing contractor failed to pay, prompting the DOL’s Office of the Solicitor in Chicago to file the lawsuit to recover the penalties.
OSHA Enforcement
Regional Solicitor of Labor Christine Heri stated, “The Occupational Safety and Health Act requires employers to comply with federal safety and health regulations to meet their legal obligation to protect workers on the job.” The roofing contractor’s history of OSHA violations dating back to 2014 underscores the need for enforcement and accountability to ensure the safety of employees.
Bill Donovan, OSHA Region Administrator in Chicago, emphasized the urgency of providing fall protection in the construction industry to reduce workplace fatalities, particularly due to falls. In 2021, falls, slips, and trips accounted for over one-third of construction fatalities, highlighting the importance of strict compliance with safety regulations.
Conclusion
This case serves as a stark reminder to Business Owners, particularly in the construction industry, about the severity of penalties for failing to provide adequate safety measures for employees. Compliance with safety regulations is not just a legal obligation but a fundamental responsibility to ensure the well-being and lives of workers. Safety should always be a top priority for every business, and stringent adherence to safety protocols is crucial to avoid legal repercussions and protect employees’ lives.