Region 4 News Release: 11-1392-ATL (485)
Oct. 6, 2011
Contact: Michael D'Aquino Michael Wald
Phone: 404-562-2076 404-562-2078
Email: d'aquino.michael@dol.gov wald.michael@dol.gov

US Labor Department's OSHA proposes more than $164,000 in penalties to
Georgia masonry contractor for violations at Sugar Hill and Conyers work sites

DORAVILLE, Ga. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Doraville-based masonry contractor Juan Sagredo for safety violations at work sites in Sugar Hill and Conyers. OSHA's inspections were initiated under a regional emphasis program aimed at preventing injuries and deaths caused by falls. Proposed penalties total $164,120.

The inspection at 6001 Cumming Highway in Sugar Hill resulted in citations for four repeat violations carrying penalties of $99,220. The violations involve failing to provide a platform with a guardrail along all open sides and ends, as well as toe boards to protect workers from falling tools and materials; failing to supply ladders for employees to use when accessing working levels of scaffolding; failing to provide eye and face protection for workers who operate machinery, such as mixers; and exposing workers to an unguarded concrete mixer blade. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company received citations for similar violations in 2008 and 2010.

Additionally, the company received a citation with a $3,300 penalty for a group of serious violations, including failing to develop and maintain a written hazard communication program, maintain required copies of material safety data sheets and inform workers about hazardous chemicals in their work areas. 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.

OSHA's inspection of the company's job site at 4485 E. Interstate 20 in Conyers resulted in a citation for one repeat violation, carrying a $61,600 proposed penalty, for failing to install guardrails along all open sides and ends of the scaffold platforms. This was the third time the company was cited for a similar violation.

One other-than-serious citation with no monetary penalty also was cited for failing to certify that operators of a powered industrial truck had been trained and certified. 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.

"Falls are the leading cause of fatalities in the construction industry, and employers must take proper precautions to ensure the safety of their employees. OSHA will not tolerate companies that endanger their workers," said William Fulcher, director of OSHA's Atlanta-East Area Office.

The citations can be viewed at
http://www.osha.gov/ooc/citations/Juan_Sagredo_314209164_0930_11_20111005105930.pdf*
http://www.osha.gov/ooc/citations/Juan_Sagredo_314209859_0930_11_20111005110011.pdf*

The company 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 and Health Review Commission. The site was inspected by OSHA's Atlanta-East office, located at 2183 Northlake Parkway, Building 7, Suite 110, Tucker, Ga. 30084.

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 Atlanta-East office at 770-493-6644.

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.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.

* Accessibility Assistance Contact OSHA's Office of Communications at 202-693-1999 for assistance accessing PDF or Webinar materials.