Region 7 News Release: 11-442-KAN
April 5, 2011
Contact: Rich Kulczewski
Phone: 303-844-1302
E-mail: kulczewski.richard@dol.gov

US Department of Labor's OSHA cites roofing contractor in Newton, Kan.,
for repeatedly exposing workers to fall hazards and other violations

WICHITA, Kan. – The U.S. Department of Labor's Occupational Safety and Health Administration has cited Adrian Torres, doing business as A & E Roofing in Newton, with two serious and four repeat violations for exposing workers to fall and other hazards at a Wichita-area worksite. Proposed penalties total $58,200.

OSHA initiated its inspection in February 2011 when employees of the company were observed performing residential roofing work with no means of fall protection.

"There is no excuse for employees to be exposed to fall hazards such as these. Employees working at heights must be protected," said Charles E. Adkins, OSHA's regional administrator in Kansas City, Mo. "All employers, and especially those in high-hazard industries such as roofing, must take the necessary steps to eliminate hazards from the workplace."

The serious citations allege that the employer did not have an accident prevention plan and allowed employees to work in areas with a possible danger of head injury without wearing protective helmets. 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.

The repeat citations allege a lack of fall protection for employees working at heights, a lack of necessary training on fall hazards, improper use of ladders and a lack of training on the proper use of ladders. 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 was cited for similar hazards in September and November of 2007.

For information about fall protection in construction, visit https://www.osha.gov/SLTC/fallprotection/construction.html.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director in Wichita or contest the findings before the independent Occupational Safety and Health Review Commission. The inspection was conducted by OSHA's Wichita Area Office; telephone 316-269-6644. To report workplace incidents, fatalities or situations posing imminent danger to workers, call the agency's toll-free hotline at 800-321-OSHA (6742).

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.