OSHA: Company Should Pay for Exposing Workers to This Top Hazard

Do you know what the top hazard is for workers in the construction industry?

An Illinois construction contractor is well aware of it, now that the Occupational Safety and Health Administration has hit it with a six-figure penalty following several worksite inspections.

The agency said the contractor wrongfully exposed its workers to the top hazard of falls from elevation at four different job sites.

OSHA inspectors observed employees of Elmer Miller, which operates as Miller Building Systems LLC, at four subdivisions that were being built between January and May of this year. The inspectors observed Miller employees doing residential framing work.

Inspectors Say Top Hazard Was Exposed

The agency said its inspectors saw the construction workers standing, walking and climbing around trusses and top plates without adequate fall protection at heights that sometimes exceeded 18 feet from ground level.

It added that when workers did use fall protection, they did not tie it off properly or secure their body harnesses. For that reason, the equipment did not effectively prevent falls, the agency alleged.

Following the completion of the inspections, OSHA cited the contractor with four willful violations for intentionally declining to use adequate fall protection. It also assessed Miller a total of $354,912 in proposed penalties.

Long History of Violations

Miller has what OSHA called “an extensive history” of exposing its workers to this top hazard. In fact, it has cited the company 17 times for fall-related violations since 2019.

“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, in a news release. “Without legally required safeguards, a slip, trip and fall can determine whether an employee’s shift ends safely, or their life ends tragically.”

How to Prevent Fall Injuries

Falls from elevation are a top hazard and are the single leading cause of injury and death in the construction industry. The Bureau of Labor statistics reported that in 2022, 423 of 1,056 construction worker deaths were related to falls from elevation, slips or trips.

OSHA has created a useful resource that is designed to help employers prevent fall-related injuries and deaths in the construction industry.

Its fall prevention guidance focuses of three specific safety-related aspects: planning, training and providing proper equipment. The agency says workers who are six feet or more above ground level are at risk of injury or death from a fall.

With respect to planning, OSHA advises employers to:

• Decide how the job will be done and what tasks will be involved.
• Determine what safety equipment will be needed to complete each specific task.
• Make sure to budget for all necessary and proper safety equipment when estimating the cost of a job.
• Plan to have all needed tools and equipment at the construction site.
• Select fall protection that is suitable for the work that is being done.

As to the provision of equipment, OSHA advises as follows:

• Provide fall protection and the right equipment for the job.
• Provide the right kinds of ladders, scaffolds and safety gear.
• For workers who use personal fall arrest systems, provide harnesses for workers who need to tie off to the anchor.
• Regularly inspect these systems, and make sure that they fit properly.

Provide Training to Mitigate Top Hazard

Finally, as to training, employers should help avoid this top hazard by:

• Training all workers on how to properly set up and safely use equipment.
• Training all workers on how to recognize job-related hazards.

There are some specific steps employers can take to help ensure ladders will be used safely and properly. These include:

• Maintaining three points of contact
• Placing the ladder on level footing
• Securing the ladder properly, and
• Avoiding overreaching.