May 22, 2020

U.S. Department of Labor Cites Florida Construction Contractors
After Employee Suffers Fatal Fall from Aerial Lift

NORTH MIAMI, FL – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited two contractors for failing to protect employees from fall hazards at a construction worksite in North Miami, Florida. Prestige Estates Property Management LLC of North Miami and Jesus Balbuena of Miami, Florida, face $44,146 in penalties.

The investigation followed an employee's 20-foot fall from an aerial lift that led to fatal injuries. OSHA cited the employers for failing to ensure the use of a fall protection system to protect workers on an aerial lift, train employees to recognize and avoid fall hazards, and develop and implement an accident prevention program. OSHA also cited Prestige Estates for failing to report a hospitalization within 24 hours and a fatality within 8 hours, as required.

"Allowing employees to work at heights without using proper fall protection methods increases the risk of serious or fatal injuries," said OSHA Acting Fort Lauderdale Area Director Juan Torres. "Employers have an obligation to ensure the working conditions they ask employees to operate under are free of recognized hazards."

Read the citations for Prestige Estates Property Management LLC and Jesus Balbuena.

OSHA's Fall Protection webpage provides information on fall protection standards in construction, and resources on protecting workers from falls.

The companies have 15 business days from receipt of their citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

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 https://www.osha.gov.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

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Media Contacts:

Michael D'Aquino, 678-237-0630, daquino.michael@dol.gov
Eric R. Lucero, 678-237-0630, lucero.eric.r@dol.gov

Release Number: 20-1041-ATL (200)

U.S. Department of Labor news materials are accessible at http://www.dol.gov. The Department's Reasonable Accommodation Resource Center converts departmental information and documents into alternative formats, which include Braille and large print. For alternative format requests, please contact the Department at (202) 693-7828 (voice) or (800) 877-8339 (federal relay).