Employer and Manager Sentenced to Prison
A California roofing contractor had a history with OSHA dating back to 2002. That year the employer was cited for not having a safety plan (Illness and Injury Prevention Plan -IIPP). The owner agreed to take a safety course and in due course, create and hand out the plan to his employees. Of course, he did not do what he had agreed to do, and OSHA never followed up. As a result, an employee of his paid the ultimate price. The worker, who knew nothing of the agreement so many years before, was working on the edge of a roof of an apartment building, stepped back (for some unknown reason), and fell four stories to his death.
During the investigation, it came out that the employer had never created the site safety plan nor had he ever addressed fall protection on paper, or in practice. He merely expected his employees to use common sense. The employer probably fell into the trap of thinking that there was no need to be concerned after OSHA had come and gone and never put any safety measures in place. In fact, the employees working on that roof had no railings, barriers, personal fall equipment or training. Furthermore, on the day after the fall, other employees were working on the same roof without any protection. This employer didn’t use common sense.
The employer was cited for willful violation of a construction safety order which actually allowed the district attorney’s office to file criminal charges against the owner AND the site foreman (don’t I keep telling you managers and supervisors can also be on the hook for work related issues!). Well, the owner ended up pleading guilty to involuntary manslaughter (among other things that included safety violations) and is serving one year in county jail. The foreman also pleaded guilty to leaving the employee unprotected, a misdemeanor, and he is serving six months to a year. Hopefully they are using their time to develop that safety plan!
Employers have to have a safety plan in place. At a minimum, it makes sense, but it is also required by law. Don’t think because you do not have a hazardous work environment that you are off the hook. You are not. It just means that you probably have less chance of a chance that a major event such as the one above, will happen. Take heed.
