Feb. 18, 2016

Ephrata, Pennsylvania construction company exposed workers
to falls from nearly two stories up, other hazards at Leola worksite

OSHA fines Burkholder Builders $64,400 for the violations

Employer name: Leon Ray Burkholder, doing business as Burkholder Builders, at 580 Indiantown Rd., Ephrata, Pennsylvania

Inspection site: Multi-family residential construction project at 443-447 Marlene Way in Leola.

Citations issued: On Feb. 18, 2016, the Occupational Safety and Health Administration issued citations for two willful, four serious and one other-than-serious safety violations.

Investigation findings: Burkholder Builders failed to provide fall protection to employees working on scaffolding and roofs nearly 18 feet high, resulting in the willful violations.

The serious violations involved the company allowing workers to be lifted on platforms not suitable for the forklift being used, not providing eye protection for workers using a nail gun, not having an operator at the controls of the rough terrain forklifts and the improper use of a portable ladder. The company was also cited for not training employees on the proper use of the nail gun.

Proposed penalties: $64,400

Quote: "Burkholder Builders is being reckless with its employees' safety," said Kevin Kilp, director of OSHA's Harrisburg Area Office. "OSHA cited this company in 2006 following a fatal fall on one of their projects, so Leon Ray Burkholder knew that fall protection was necessary, yet chose not to use it."

View the citations: http://www.osha.gov/ooc/citations/Burkholder_1105868.pdf.

The company has 15 business days from receipt of its citations and 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.

To ask questions; obtain compliance assistance; file a complaint; or report amputations, eye loss, 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 Harrisburg Area Office at (717) 782-3902.

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Media Contacts:

Leni Fortson, 215-861-5102, uddyback-fortson.lenore@dol.gov

Release Number: 16-231-PHI (OSHA 16-018 Burkholder Builders)

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