July 12, 2024

Illinois contractor continues pattern of exposing construction workers to deadly fall hazards, employees observed in danger four times since January

Elmer Miller, companies continue to ignore OSHA regulations to use effective fall protection

SAVOY, IL – Federal workplace safety inspectors have cited an Illinois construction contractor for again exposing employees to falls from elevation — the industry’s leading cause of injury and death — as they did residential framing work, this time at four subdivisions under construction in Mahomet and Savoy in January, March and May 2024.

Inspectors with the U.S. Department of Labor’s Occupational Safety and Health Administration observed employees of Elmer Miller, operating as Miller Building Systems LLC, standing, climbing and walking about the trusses and top plates on residential homes sometimes at heights greater than 18 feet above ground level without adequate fall protection. OSHA alleges when workers did put on fall protection they were not directed to properly tie it off or secure the body harness, rendering the equipment ineffective.

OSHA observed the violations on the following dates at the following locations:

• Jan. 11: Cole Lane in the Hunters Ridge subdivision by Unlimited Homes in Mahomet.   
• Jan. 26 : Airport Road at The Cottages at Lake Falls by Signature Homes in Savoy.
• March 13: Sutton Street in the Prairie Meadow subdivision by Signature Homes in Savoy.
• May 2: Morningside Lane in the Whisper Meadow subdivision by Unlimited Homes in Mahomet.

The agency responded by citing Miller with four willful violations for intentionally failing to use adequate fall protection and assessing the contractor $354,912 in proposed penalties.

"By law, workers must use fall protection whenever they work at heights six feet or greater. For that fall protection to be effective, it must be worn correctly, secured and tied off," said OSHA Area Director Edward Marshall in Peoria, Illinois. "Without legally required safeguards, a slip, trip and fall can determine whether an employee’s shift ends safely, or their life ends tragically."

Miller has an extensive history of exposing workers to the potentially disabling and sometimes deadly hazards associated with falls from elevation. Since 2019, OSHA has cited the company 17 times – including seven times in 2023 – for fall-related violations. The employer exercised his right to contest the 2023 citations and awaits a hearing before an administrative law judge with the Occupational Safety and Health Review Commission to challenge the violations.

"The U.S. Department of Labor will continue to hold Elmer Miller and other construction contractors accountable for complying with federal regulations that protect people on the job from the most dangerous hazard in the construction industry," Marshall added.

In 2022, the Bureau of Labor Statistics reports that 1,056 construction workers died on the job, with 423 of those fatalities related to falls from elevation, slips or trips.  

OSHA’s stop falls website offers safety information and video presentations in English and Spanish to teach workers about fall hazards and proper safety procedures.

Learn more about OSHA.

Media Contacts:

Scott Allen, 312-353-4727, allen.scott@dol.gov
Rhonda Burke, 312-353-4807, burke.rhonda@dol.gov

Release Number: 24-1108-CHI