A Missouri contractor has reached an agreement with the Occupational Safety and Health Administration (OSHA) and the Department of Labor’s Wage and Hour Division to settle violations identified in investigations of a worker’s March 2023 fatal fall, OSHA announced April 7.
OSHA investigators determined that Troyer Construction LLP, which operates as Troyer Roofing & Coatings, failed to provide workers with the required fall protection. In a separate investigation, the Wage and Hour Division found the employer illegally employed minors in roofing work from May 2022 to June 2023.
In 2023, OSHA cited Troyer Roofing & Coatings with one willful violation, three serious violations, and one other-than-serious violation after an 18-year-old employee applying sealant to a commercial building’s roof fell more than 22 feet and suffered serious injuries that left him in a coma for five days before dying. During their investigation, inspectors learned the employer had fall protection equipment available but allowed employees to decide whether they wanted to use it.
Under the settlement agreement, the employer must pay $290,000, which includes $156,259 in OSHA penalties; $15,000 in child labor penalties; and $118,741 in criminal fines, to the U.S. Department of Justice. The company also will enroll in Missouri’s On-Site Safety and Health Consultation Program.
Georgia, Pennsylvania, Wisconsin employers cited
OSHA also announced on April 7 it cited employer violations in Georgia, Pennsylvania, and Wisconsin.
Agency investigators found that improperly stored hazardous chemicals caused a fire at a Bio-Lab Inc. facility in Conyers, Georgia. Investigators learned that the chemical fire originated at a company warehouse that stored various chemicals. OSHA cited Bio-Lab with four serious and two other-than-serious violations and proposed $61,473 in penalties.
The agency also cited Luis Alberto-Reyna Avila, a Wilkes-Barre, Pennsylvania, roofing contractor, for exposing workers to dangerous falls and other workplace hazards at a Lackawanna County worksite.
Agency investigators initiated an inspection of Avila’s business, 3 Guys Home Improvement Inc., in September 2024 after receiving an imminent-danger complaint alleging worker exposure to fall hazards.
The agency cited the company with two willful violations for a lack of fall protection and failure to ensure the use of personal protective equipment (PPE) and 10 serious violations for improper labeling of flammable containers, working near energized power circuits, and improper use of ladders. The company has been added to OSHA’s Severe Violators Enforcement Program due to a history of violations.
OSHA also cited roofing contractor Bacilio Rios Almanza for failing to protect employees atop a residential roof from fatal fall hazards at an Appleton, Wisconsin, worksite in September 2024.
Following an investigation, the agency cited Almanza with two willful violations and one serious violation for failing to provide fall protection equipment, not training workers on fall protection, and not ensuring workers wore hard hats. OSHA proposed penalties totaling $262,174. OSHA has inspected Almanza worksites 10 times and cited the contractor for similar violations, according to the agency.
All cited employers have 15 business days from receipt of citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the citations before the Occupational Safety and Health Review Commission.