Region 6 News Release: OSHA-09-808-DAL
Wednesday, Aug. 12, 2009
Contact: Elizabeth Todd
Phone: 972-850-4710

U.S. Department of Labor's OSHA cites Rubio Construction for alleged workplace safety and health violations in Houston and League City, Texas

HOUSTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited Houston, Texas-based Rubio Construction Inc. for 17 alleged serious and eight alleged repeat federal safety and health violations following an inspection at three of the company's worksites in Houston and League City, Texas. The citations carry proposed penalties totaling $144,900.

"This company did not ensure that the scaffolding at each worksite was properly erected and inspected," said Mark Briggs, OSHA's area director for its Houston South Area Office. "Employees were exposed to fall hazards of up to 24 feet. It was fortunate that no one was injured."

OSHA's Houston South Area Office began its inspection on Feb. 17 when workers were observed on scaffolding without guardrails performing masonry work at the company's worksite on 7325 Sam Houston Parkway in Houston. Violations also were found at the company's worksites at 10252 Almeda Genoa Road in Houston and 3060 South Gulf Freeway in League City.

The serious violations include failing to develop and implement respiratory protection and hazard communication programs, protect workers from impalement hazards such as exposing workers to protruding rebar, provide personal protective equipment, fully cross-brace and have base-plates on scaffolds, inspect scaffolds and remove defective planking boards, provide adequate washing facilities for workers handling cement and for erecting scaffolding in close proximity to overhead power lines. A serious citation is issued 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.

Repeat violations included failing to provide guardrails on scaffolds at different working levels, provide access ladders and toe boards, and ensure all working levels were fully planked. A repeat violation is one where the employer previously was cited and upon re-inspection a substantially similar violation is found.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Houston, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

Employers and employees with questions about workplace safety may call the agency's Houston South Area Office at 281-286-0583 or its Houston North Area Office at 281-591-2438; or OSHA's toll-free hotline number at 800-321-6742 to report workplace accidents, fatalities or situations posing imminent danger to workers.

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

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